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(영문) 대전지방법원 2017.11.22 2017고단3999

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment 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 of sealed freight vehicles B.

On October 20, 2017, the Defendant driving the above vehicle on around 09:15, and driving the vehicle at around 09:15, and driving the five-lane way in front of the D, which is located in the Taedong-gu Seoul in the large exhibition, at the four-lane distance flooded from the five-lane off off off the offward distance, and proceeded at the speed of one of the two-lanes.

Since there are crosswalks where signal lights are installed on the front side of that place, in such cases, a person engaged in driving a motor vehicle has a duty of care to reduce speed and safely drive the motor vehicle in accordance with the traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and failed to stop the vehicle, but failed to discover the F obane of the victim E (I will 6 years old) who cross the crosswalk from the left side to the right side according to the pedestrian signals in the marina crossing, which continued without stopping the vehicle, while the signal in the front side was changed to the stop signal, and received the above obane of the victim's driver's driver's car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelle managing staff member who requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the negligence of the defendant and the degree of injury of the victim are serious, the circumstances favorable to the fact that the victim has not been agreed with: the confession and reflectness, and the fact that the defendant has subscribed to the comprehensive motor vehicle insurance;