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(영문) 대전지방법원 논산지원 2019.04.26 2019고단94

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for four 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 freight B and B.

On December 6, 2018, the Defendant driven the above cargo vehicles around 19:30 on December 6, 2018, and led to the passage of the crosswalk from the direction of the e-distance.

The location is where the vehicle and pedestrian signal, etc. are installed, and in such cases, the driver of the vehicle has a duty of care to observe the vehicle and pedestrian signal, to properly see the front and rear left, to accurately manipulate the steering and brake system, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded without disregarding that vehicle signal was red, and caused the victim to go beyond the road floor by shocking the victim's bicycle right side part of the victim F (V, 69 years old) driving on the right side of the crosswalk in the right side of the crosswalk, where the victim F (V, 69 years old), who was a bicycle riding along the pedestrian signals, to go beyond the road floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the dives of the alleys that require approximately 12 weeks of medical treatment, and the dives of the alleys.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: The circumstances that are favorable to the degree of injury of the victim: The victim appears to be against his/her wrongities; the victim does not want the punishment against the defendant; the defendant does not have any previous conviction exceeding the fine; and the defendant's age, character and conduct, environment, criminal records and criminal records, circumstances after the crime, etc. are considered in light of all the conditions for the sentencing specified in the arguments in this case.