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(영문) 대전지방법원 천안지원 2017.10.26 2017고단1823

교통사고처리특례법위반(치상)

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

On July 19, 2017, the Defendant was driving on the front side of the new apartment road in the Slock of the Sinsan-si, Sinsan-si, Sinsan-si, in order to drive the said cargo vehicle from the right side to the tent.

Since the place is a road with a high traffic signal apparatus and crosswalk for vehicles and pedestrians, there was a duty of care for those engaged in driving duties to observe signal apparatus, to live well, to properly manipulate the steering and steering devices, and to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded in contravention of the signal by disregarding the red signal apparatus of the front-side signal while driving the signal, and received the victim C(9) who dried the crosswalk in accordance with the pedestrian green signals from the front side of the Defendant’s driving, as the front part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Accident scene and shock photographs of vehicles;

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 the

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (hereinafter referred to as "special mitigation"] (including efforts to recover damage), where illegality is serious in the basic area (including special mitigation or aggravation) / Cases where illegality is serious in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Union, or in the case of bad driving (excluding the decision of sentence], the degree of violation of the defendant's duty of care is serious, and the degree of injury to the victim is serious, but the defendant erred.