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(영문) 대전지방법원 천안지원 2017.10.19 2017고단1409

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a Dona-si.

On February 18, 2017, around 09:40 on 09:40, the Defendant was going to turn to the left at the right angle of statistical office distance, when he was going to go to the left in front of the Fow E in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, two sides of the city.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to take the right and the right of the motor vehicle, and to ensure the safe operation of the motor vehicle by properly examining whether there is a pedestrian who passed the above crosswalk.

Nevertheless, the defendant neglected this and failed to properly check whether there is a pedestrian driving on the crosswalk, and caused the victim G (56) who walked on the crosswalk from the right side of the defendant's vehicle to the left side of the crosswalk to the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a serious disability (a serious disability that could not be resolved by himself/herself even if the basic daily life activities necessary for survival are not resolved by himself/herself) after double wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report;

1. Photographss by cutting a black boom;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a written diagnosis of a victim), and diagnosis reports;

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 Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area of Class 1 (Bodily Injury by Traffic Accidents) (one month or August) [Special mitigated Persons] Punishment Non-Support (including efforts to recover damage) [Pronouncement Decision], but the degree of injury of the victim is very serious, but wrong is recognized and contradictory, the fact that there is an agreement with the victim, the fact that there is an agreement with the victim.