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(영문) 대구지방법원 2016.04.07 2016고단126
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who was engaged in driving of a Clearning vehicle owned by B.

On October 27, 2015, the Defendant driven the above vehicle at around 19:00, and led the Defendant to move in the direction of the direction of the middle school, depending on the two-lanes of the front of the apartment among the 216-dong Seoul, Shinsung-dong, Daegu-ro 216 (China-dong).

There are crosswalks where signal apparatus is installed at each front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by accurately operating the front door and the left door and the left door and the left door and the steering gear.

Nevertheless, the Defendant neglected this and got the body of the victim D (V, 59 years old) who dried the crosswalk from the left side of the direction of the course to the right side of the signal, due to the Defendant’s negligence in contravention of the signal, received the part of the front part of the above vehicle.

Accordingly, the Defendant suffered injury to the victim, such as complete flag and flaverization of 12 weeks before the right to the right, which requires the victim's treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act) (Article 4(1) of the Act on the Punishment, etc. of Specific Traffic Accidents / Where illegality is serious in the proviso of Article 3(2) of the Act on the Special Cases of the Union (Article 3(2) of the Act on the Punishment, etc. (Article 3(1) of the Act on the Punishment, etc. of Specific Crimes (Article 3(2) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Traffic Accidents)

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