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(영문) 전주지방법원 2018.08.21 2018고단694

교통사고처리특례법위반(치상)

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

The defendant is a person who is engaged in driving CCA110.

On March 15, 2018, the Defendant driven the above Obaba on the 19:00 on March 15, 2018, and was in progress in front of the superfababababababababbaba, from the scambabababa, in front of the superfababababababa, from the scambababababa. At night and at night, the Defendant had a duty of care to prevent accidents by driving the superfabababa, complying with the signal, and safely driving the accident.

Nevertheless, the Defendant did not proceed in violation of the signal, and did not know the victim D (n, 77 years of age) who walkes the crosswalk due to the failure to find out the victim D (n, g7 years of age) who walkes on the crosswalk in the right side of the proceeding direction due to occupational negligence, and got the above victim's body part of the above victim's body part in front of the above Orababa, and suffered about about 10 weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Accident vehicles and on-site photographs;

1. Statement;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, in violation of the signal, shocked a victim who dried the crosswalk, and the degree of injury of the victim is relatively heavy.

However, in consideration of the fact that the defendant is a primary offender, the fact that the defendant is covered by a comprehensive insurance, and the recent agreement is made with the victim, etc., the punishment as ordered shall be determined.