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(영문) 대전지방법원 2016.01.27 2015고단4047

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 CM5 car.

On September 22, 2015, the Defendant driven the above car at around 20:05, and proceeded with the two-lane roads in front of the 29-lane 663-gil, Seo-gu, Daejeon, Seo-gu, Daejeon, with the two-lane roads in front of the two-lane 29, the two-lane jum-do, from the jum sports slope to the jumbbridge, at the speed of speed in the city.

At night, there was a crosswalk at the front of the night, and thus, there was a duty of care to check whether there was a person engaged in driving of a motor vehicle to reduce the speed and to check well the front door, and to prevent the accident.

Nevertheless, the defendant neglected to do so and did not discover the victim D (the age of 19) who crosses the crosswalk from the left side of the defendant's proceeding direction to the right side, and did not find the victim D (the age of 19) and got knee part of the victim to go beyond the ground.

Defendant 1 suffered injury to the victim by negligence in the above business, such as the escape of the left-hand gate, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting of a traffic accident (1) (2);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the types] traffic crimes, general traffic accidents, Type 1 (Bodily Injury resulting from Traffic Accidents) (the area of recommendation and the scope of punishment) basic area, April to October of credit cooperatives;

2. Where the defendant who has been sentenced to punishment did not discover a victim in the crosswalk and shock the victim, and his/her negligence is small;

It can not be said that the victim is the age of the victim.