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(영문) 대구지방법원 포항지원 2016.05.12 2016고단142
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On January 9, 2016, the Defendant driven a D bargaining car around 06:05, and led the Defendant to proceed along the two-lane intersections in front of the terminal of the passenger ship in the north-gu port at port at port at port at port at port at port at port at port at port at port, along the two-lanes from the fishing market to the private bathing beach.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to make a person engaged in driving service stop according to the name of the person, so that pedestrians can safely cross the road.

However, the Defendant neglected this and proceeded without neglecting the vehicle stop signal and received the victim E (the 57-year-old age 57) who was laid on the right side from the left side of the Defendant’s running direction to the right side of the vehicle, and eventually, the Defendant suffered approximately 10 weeks of the victim’s occupational negligence by causing approximately 10 weeks of the victim’s right pelvis.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E (victim);

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

1. Relevant Acts concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act, the selection of imprisonment without labor

1. Reasons for sentencing under Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution / Where the illegality of the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is serious: In a case where the reason for sentencing under Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the grounds for sentencing) is the basic area (the period from April to October of the credit cooperative) (including a special mitigation) (the special mitigation) / Where the punishment is not imposed (the special mitigation) (the decision of sentence): The degree of injury is significant; a normal situation in which the pedestrian walking on the crosswalk is serious due to the shock of the vehicle, in violation of the vehicle stop signal, the payment of medical expenses, etc. to the victim is expected to be able to be paid; and

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