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(영문) 대전지방법원 2014.06.03 2014고단132
교통사고처리특례법위반
Text

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

except that 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

Around 06:50 on November 27, 2013, the Defendant driven an E SPP car, and driven the three-lane road in front of the restaurant in the Yongsan-dong, Daejeon Special Metropolitan City, the Yongsan-dong, the Yongsan-gu, Daejeon, at a speed of about 60km depending on the speed of 1:60km from the direction of the midside distance. At the crosswalk where the signal, etc. was installed, the Defendant had a crosswalk where the signal, etc. was installed, and the Defendant had a duty of care to check whether there was a person, and to check whether there was a person, and to safely drive the vehicle according to the new subparagraph. However, the Defendant neglected his/her duty of care and neglected to change the vehicle travelling signal to a stop signal, and the Defendant took care of the victim’s pedestrian F (Nam and 33 years old) walking along the front side of the road along the direction of the Defendant’s driving on the front side of the road, thereby incurring the victim’s injury to the left part and suffered the necessary treatment of the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness FG;

1. Not only consistent with the purport that “the F’s investigative agency and statutory statement regarding whether a traffic signal has been violated” is consistent, but also there is no special doubt in light of the type of statement, etc., in light of the location signal system based on the evidence submitted by the prosecutor, the location signal system of the accident caused by the accident, the point line on the crosswalk, and the parking condition of the truck depending on the Defendant’s statement, etc., it is deemed that there is no possibility that an accident may occur even if the F did not violate the traffic signal even though the Defendant did not comply with the pedestrian signal on the crosswalk.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 16 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act.

1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be recommended.

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