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(영문) 대전지방법원 2020.04.02 2019고단4742

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving of B.

On November 8, 2019, the Defendant driven the above vehicle around 08:28, and proceeded along the two-lane road in front C in front of Sejong City with one-lane from the surface of the Gun to the surface of the government Sejong Office.

Since there is a place where a crosswalk is installed, in such cases, when pedestrians pass the crosswalk, the person engaged in driving service has the duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the defendant neglected this and proceeded as it is, and the defendant was placed on the right side of the victim D (n'e, 13 years old) who dried the crosswalk, and received the right side part of the above.

As a result, the Defendant suffered from the above occupational negligence that caused approximately 12 weeks to the lower end the body of the Bridge, which was accompanied by a non-alleys that require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. 교통사고보고⑴⑵(실황조사서), CCTV캡쳐사진, 교통사고 발생 상황보고

1. A medical certificate (D);

1. Application of Acts and subordinate statutes to internal investigation reports (victim D telephone conversations), certificates of subscription to liability insurance, investigation reports (investigation into the limit of liability insurance subscribed to vehicles);

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has been the defendant engaged in driving service from around the beginning of the 30th century. From now to now, the defendant has been engaged in a faithful life without being subject to criminal punishment only once except for criminal punishment of 300,000 won or less due to occupational injury or injury in the course of business in 1984, which was about 36 years ago.

The limit of KRW 100 million shall be 10 million for the vehicle that caused the instant accident.