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(영문) 대구지방법원 서부지원 2016.11.10 2016고단1745
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On July 15, 2016, the Defendant driven the said car at around 04:40, and led the four-lane road in front of the D Hospital in Daegu Seo-gu, to drive the said car along the two four-lanes.

At the time, the crosswalk is installed at night and at the front of that place, so the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian when the pedestrian is traveling along the crosswalk.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 54) who cross the crosswalk to the surface of the right hospital from the left side of the Defendant’s running side of the pedestrian green signal in contravention of the signal, and did not discover the victim E (the age of 54) and had the above victim go beyond the ground by taking the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the 6th anniversary of the death penalty, which requires approximately 14 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62(1) of the suspended sentence of the Criminal Act causes a traffic accident that causes a shock of a victim who has dried a crosswalk according to pedestrian signal by relatively heavy negligence, such as a violation of signal signals, and accordingly, causes a serious injury that the victim needs to receive 14 weeks of treatment, and thus, the relevant crime is unlimited, but the defendant recognizes negligence and reflects in depth.

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