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(영문) 대구지방법원 2015.02.05 2014고단5796
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of the Grandroth.

On September 20, 2014, the Defendant driven the above vans around 19:10 on September 20, 2014, and led the Defendant to go through the cross-city bus terminal from the offside of the Western land distance to the side of the cross-city bus terminal, depending on the two-lane road in Yongcheon-si D.

Since there is a crosswalk, in this case, there was a duty of care to check whether a person engaged in driving service is a person who can reduce speed and live well the right and the right and the right and the right of the driver, and to safely drive the road.

Nevertheless, the defendant neglected to do so and proceeded on the left side of the defendant's vehicle, and the victim F (ma, 76 years of age) who was standing the crosswalk from the right side of the defendant's vehicle to the left side was placed in the front part of the defendant's vehicle and exceeded the ground floor.

As a result, the Defendant suffered injury, such as wing wing wings, which requires approximately 12 weeks of medical treatment, by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] general traffic accident category 1 (the person who has been specially mitigated) [including one month to six months] mitigation area (including efforts to recover damage] [the decision of sentence] imprisonment without prison labor] six months, the suspension of execution two years, the defendant violated the duty to protect pedestrians in the crosswalk, and the victim suffered serious injury, in consideration of the fact that the accident in this case occurred in the crosswalk, the responsibility for the crime is unlimited, the defendant is against his mistake, and the victim is the victim.

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