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(영문) 대전지방법원 홍성지원 2017.10.24 2017고단579

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 Crain cars.

On April 24, 2017, the Defendant driven the above car on April 24, 2017, and proceeded ahead of the E-sports hall D at Jeju, along with a private-distance outflow from the common-purpose distance slope, by moving the distance to about 30km in the speed.

At this point, there was a crosswalk in which signal lights were not installed, so there was a duty of care to check whether there was a person who gets involved in driving of a motor vehicle to reduce the speed and to check well the right and the right and the right of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant did not discover the victim F (64) who was crossing the above crosswalk from the right side of the direction of the Defendant’s proceeding to the left side, due to the negligence of neglecting this, and did not discover the victim F (64) who was going to the left side of the said crosswalk, and had the above crosswalk go to the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim T-shaped T-style open character, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes (F);

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 and Article 268 of the Criminal Act concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The basic area of the first type of traffic accident (the injury caused by traffic accidents) [the person subject to special sentencing] [the sentence] is low in the date and time of the accident, and the location of the accident was at the crosswalk, and the defendant's negligence is not easy, and the degree of the injury suffered by the victim is grave, and the victim fails to obtain a letter from the injured person.