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(영문) 청주지방법원 2017.09.28 2017고단1181

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 a B car.

On May 17, 2017, the Defendant driven the above car at around 23:02, and led to the advanced distance from Jincheon-gun, Jincheon-gun, Chungcheongnam-do, to the direction of the wall rocking distance from the KTT on the right side of the road at an unspeed speed.

The above shooting distance had yellow on-and-off signal, and at the end of the shooting distance, there was a crosswalk, so in such cases, the driver engaged in driving service has a duty of care to safely operate the steering gear and brakes by accurately operating the steering gear and brakes in front of the crosswalk while checking whether there is a person who gets to temporarily stop in front of the crosswalk.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the running direction of the Defendant’s vehicle and received the victim D(58) (58) who walked on the right side from the left side of the running direction of the Defendant’s vehicle as the front part of the said vehicle.

As a result, the Defendant caused the victim to suffer injury, such as mination of pulverization, leading the right frame requiring approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of D;

1. The actual investigation report on traffic accidents;

1. A photograph of a scene of an accident or a photograph of a method CCTV images taken;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] No person who does not have the basic area (4 months to 1 year) (the person who is subject to special sentencing) (Article 62(1) of the Criminal Act) (Article 62(1)) (Article 62 of the Act on the Suspension of Execution [the scope of recommending punishment] [the person who is subject to special sentencing] [the decision of sentencing] that is disadvantageous to o is likely to cause excessive injury to the victim who has a crosswalk. It is not agreed that the crime is not good. The sentencing factor favorable to o is to subscribe to comprehensive insurance