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(영문) 청주지방법원 2017.11.16 2017고단1118

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in CCo.

On April 28, 2017, the Defendant driven the above car at around 20:15, and proceeded along the two-lane road in front of Cheongju-si, Cheongju-si, with one-lane from the direction of the morality distance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the Defendant received the victim E (13) and the victim F (9 years old) of the crosswalk from the front part of the Defendant’s passenger car in accordance with pedestrian safety, and suffered injury, such as an injury of the victim E, an injury to the left-hand aggregate, an injury of an external wound, which requires seven-day medical treatment for the victim E, and an injury to the victim F, which requires two-day medical treatment for the first time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. A report on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. ctv course photographs at the time of the accident;

1. Application of each medical certificate (Evidence Record 27-30 pages) statute;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) applies to the victims, the degree of negligence of the defendant, the degree of negligence of the defendant, the agreement between the victim and the victim, and the defendant suffers from a disease

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;