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(영문) 대전지방법원 2018.03.13 2017고단4782

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence 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 a C-A-hurd motor vehicle.

On September 19, 2017, the Defendant driven the above car at around 09:50, and got to turn to the left at the left while proceeding from the south of Korea to the 5th of South Korea, where the “E” road located in Seo-gu Daejeon-gu, Daejeon.

At the same time, a crosswalk without signal apparatus was installed on the front door, so there was a duty of care to prevent accidents in advance by checking whether there is a pedestrian who gets a pedestrian by reducing speed to a person engaged in driving a motor vehicle and keeping the front door and the right door well, and by safely proceeding.

Nevertheless, the Defendant neglected this and went beyond the above road by taking the front part of the victim F (the age of 54) on the bridge of the victim F (the age of 54) who dried the crosswalk due to negligence.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence in light of the left-hand flag and flaverization in the flag of abandonment, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of the actual investigation report on traffic accidents, and statutes governing the scene photographs of traffic accidents;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime is inferior (accidents against pedestrians who build a crosswalk), the degree of injury (the previous 12 weeks): the first offender, the victim and the victim have agreed smoothly (the agreed fee: 15 million won), the victim are covered by a comprehensive motor vehicle insurance, and follow-up measures such as direct transfer of the victim to the hospital immediately after the accident, etc.