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(영문) 춘천지방법원 원주지원 2018.04.11 2017고단1245

교통사고처리특례법위반(치상)

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

However, the defendant shall be sentenced to the above punishment 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 a sports vehicle at C in the amount of sports.

On November 16, 2017, the Defendant driven the above vehicle at around 15:35, and moved to a right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right.

At that time, a crosswalk is installed. At that time, the victim E (n, 17 years old) was walking along the crosswalk from the right side of the defendant's moving direction to the left side, and thus, the person engaged in driving the motor vehicle has a duty of care to check whether there is a person walking the crosswalk by reducing speed and properly examining the right side and the right side, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle by shocking the damaged person with the front part of the Defendant’s vehicle, and caused the injured person to go beyond the floor of the damaged person.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim, such as other scambling of the upper end.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Article 62(1) of the Act on the Suspension of Execution (the crime of this case is committed in light of the method and result, etc.) provides that there are circumstances unfavorable to the defendant, such as the crime and the fact that there is no criminal record of the suspension of execution or more severe punishment, but there is no criminal record of the defendant. The vehicle operated by the defendant at the time of the traffic accident of this case is covered by the comprehensive motor vehicle insurance, and thus, it seems that considerable damage compensation has been paid to the victim. The defendant has been agreed with the victim. The defendant is in depth and has a clear social relation between the defendant and the defendant.