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(영문) 대전지방법원 2016.06.08 2016고단973

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 a period of 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 math car.

On February 2, 2016, the Defendant driven the above vehicle around 11:30, and proceeded at a speed of about 30km from the 4nd parallel to the 5nd parallel of the two lanes in front of the Daejeon Dong-gu, Daejeon, by driving the said vehicle at a speed of about 30km each hour, depending on two lanes between the 4nd parallel and the 5nd parallel.

At all times, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to reduce the speed and to prevent accidents by driving safely in accordance with the signals by driving the driver safely.

Nevertheless, the Defendant neglected this and got the victim E (the 77 years old) who walked from the right side of the crosswalk to the right side of the crosswalk in accordance with the normal signals due to the negligence of the driving in the direct direction of the stop as it is, however, the Defendant got the victim over the floor by taking the victim E (the 7 years old) who walked from the front side of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, such as cutting a flaverization of flavers, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

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

1. It refers to the scope of recommendation and sentence [the basic area (from April to October) of the type No. 1 of ordinary traffic accidents (the injury caused by traffic accidents)] according to the sentencing guidelines for some crimes (violation of the Act on Special Cases concerning the Settlement of Traffic Accidents) on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the punishment shall be determined as ordered in consideration of the following circumstances:

In unfavorable circumstances: The degree of injury of the victim is not easy, and the victim is punished by the defendant.