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(영문) 대전지방법원 천안지원 2013.09.24 2013고단329

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 C low-priced vehicle.

On January 11, 2013, at around 06:40, the Defendant driven the above van, and proceeded along the intersection of the Handong apartment distance in the Sinan-dong, Chungcheongnam-gu, Yannam-gu, Yannam-gu with a new horse distance from the upper distance of death to the new distance of death.

Since a crosswalk is installed in the vicinity of that place, and people pass through, the driver had a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and did not look at the front and right and the right and the right and the right and the right and the right and the victim D, who crossed the road from the front apartment room, with the Handong apartment room as the front part of the above 44 years old.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during about 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each traffic accident report;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to an investigation report (to listen to shotly telephone statements);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. In light of the fact that the result of the instant crime with the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”), the Defendant’s liability is heavy, the injury has not yet been recovered, the Defendant’s confessions, the fact that the health of the victim seems to have been recovered at present, and the fact that the Defendant is a dead cancer, etc., the sentence as set forth in the Disposition shall be determined by the Ordinance