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(영문) 대구지방법원 포항지원 2020.05.20 2020고단247
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 of B Poter cargo vehicles.

On December 25, 2019, at around 13:15, the Defendant came to turn to the left at the front of the D intersection located in Nam-gu C at the port of North Korea, and at the front of the E side, from the Fropo level.

Since the place is an intersection where a crosswalk is installed, in such cases, the driver has a duty of care to reduce the speed to the person engaged in the driving of the crosswalk and to take the right and the right of the pedestrian, and to temporarily stop in front of the crosswalk and safely stop the pedestrian if there is a pedestrian, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not find a pedestrian to walk the crosswalk and did not temporarily stop in front of the crosswalk, and was negligent in proceeding as it is, from the right side of the Defendant’s proceeding, to the left side of the victim G (the age of 74) on the left side of the crosswalk, received the front part of the Defendant’s cargo vehicle’s right side.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment due to occupational negligence, resulting in the closure of the part of L1, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer in G;

1. A report on the occurrence of a traffic accident, a field photograph of the accident, a fact-finding report, a suitable inquiry report, and an insurance coverage certificate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the choice of imprisonment without prison labor (this case is a traffic accident at a crosswalk

1. The fact that the defendant under Article 62 (1) of the Criminal Act led to the confession of the crime in this case, and the vehicle involved in the accident seems to be able to pay the damage to the victim by purchasing the comprehensive automobile insurance; and

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