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(영문) 청주지방법원 2017.09.26 2017고단972

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 of a motor vehicle by borrowing B.

On April 4, 2017, the Defendant did not obtain a driver's license for a motor vehicle and proceeded to turn to the left at the front of the 102 virtual economy 1st century from the Sung-dong-dong-dong-dong-dong-dong-dong-dong-si to the front of the Gyeongsan elementary school.

At the time, the signal apparatus has been installed and the crosswalk has been installed, so in such a case, the person engaged in driving the motor vehicle has the duty of care to protect the pedestrian walking along the crosswalk and prevent the accident from occurring.

Nevertheless, when the defendant neglected such duty of care and proceeded to the left-hand turn as it was due to negligence, the defendant suffered damage between the victim C (14 ) who was crossinged from the left-hand side of the defendant in the crosswalk to the right-hand side of the crosswalk in accordance with the crosswalk No. 14, after driving the vehicle on the left side of the vehicle, and suffered damage between the victim and the victim without an open address for about two months.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation and the occupation of imprisonment without prison labor), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (including the fact that the victim has been greatly injured but is also covered by a comprehensive insurance and agreed with the victim, and that the same crime does not have any criminal record exceeding a fine in the same case);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;