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(영문) 대구지방법원 경주지원 2014.04.15 2013고단725
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaging in driving a two-wheeled motor vehicle B.

On October 11, 2013, the Defendant driven the above vehicle on October 14, 2013, while driving the vehicle, which led the front of the front of the front of the front-speed terminal at the Seocheon-dong, Seocheon-si, and the front of the vehicle at the front of the front.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a vehicle has a road by reducing the speed and by properly examining the right and the right of the front, and to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and found the victim C (at the age of 19) who dried the crosswalk in accordance with the pedestrian safety by neglecting the fact that the vehicle progress signal is changed to a stop signal, and by neglecting it, was found late later, but the victim was placed on the front side of the vehicle without being faced with it.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 6주간의 치료가 필요한 우측 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (to attach a victim's statement and a diagnosis document);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the victim has agreed smoothly with the victim, the fact that the victim

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