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(영문) 대전지방법원 2014.05.29 2013고단3655

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-est car.

On July 15, 2013, the Defendant driven the above car at around 07:56, and proceeded at about 40 km each hour according to the speed of two lanes in front of the second apartment complex in the middle-gu, Daejeon, Daejeon, with two lanes in front of the second apartment complex in the middle-gu, Daejeon.

Since a crosswalk is installed on the front side, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is a person who gets involved in driving of a motor vehicle by reducing the speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and received the victim's bicycle side to the right side of the victim D (the age of 64) who crosses the crosswalk on the right side of the crosswalk from the left side, and let the victim go beyond the road.

Ultimately, the Defendant suffered from a serious injury on the part of the victim due to the above occupational negligence on the part of the victim’s real name, etc. due to the breath of other optical boness, the right breath of the thale, the bale, and the balethal damage.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements of D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a copy of a medical certificate or a copy of a reply;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (Type 1), Reduction Area, imprisonment without prison labor for one month or six months (decision of sentence], reflectiveness, primary crime, subscription to comprehensive automobile insurance for automobile, deposit of KRW 7 million, and intention to take measures against the defendant by the victim;