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(영문) 대전지방법원 천안지원 2014.10.14 2014고단752

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is engaged in driving freight B.

On March 17, 2014, the Defendant driven the above vehicle at around 06:20, and proceeded with the two lanes of the second line road in front of the Dobong-gu Agricultural Cooperative Federation, Chungcheongnam-gu, Seoul Special Metropolitan City at the speed of 40km each hour from the dong-dong Do-dong Do-dong to the Do-dong Do-dong Do-dong Do-dong Do-

Since a crosswalk is installed on the front side, in such cases, a person engaged in driving service has a duty of care to check whether there is a person who gets on a road by reducing the speed and by checking well the right and the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and went beyond the victim C (75 years of age) who crosses the crosswalk from the left side to the right side by driving the front part of the above vehicle, which the Defendant is driving by negligence.

Ultimately, the Defendant suffered from the Defendant’s injury, such as pressure duplicating 4 that requires approximately 10 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

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

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, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Determination of Punishment] Class 1 (Determination of Punishment for Traffic Accidents): In the mitigated area of punishment [Determination of the recommended area]: One to six months of imprisonment without prison labor: One or half months (general-class mitigation element): heavy injury, serious reflector, and aggravated factors that have no record of criminal punishment: major positive factors falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents / [Suspension of Execution] A major positive factors: A person who is not subject to punishment, and general negative factors that have no record of criminal punishment: A person who falls under the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents : A person who is clearly in a social relation, a serious reflect, and a comprehensive motor vehicle insurance policy;