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(영문) 전주지방법원 2015.03.31 2015고단64

교통사고처리특례법위반

Text

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

except that 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 service C.

At around 19:30 on January 5, 2015, the Defendant driven the above Oral Ba, and turned ahead of the apartment zone in front of the 145 Magjin-gu, Yansan-gu, Jeonju-si, the front line in front of the apartment zone in front of the 145 Magjin-do, the fore field direction from the shooting distance to the king, king, Saun apartment distance.

Since there is a signal, there was a duty of care to drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected this and followed the part of the bridge of the victim D (the age of 12) who dried the crosswalk in accordance with the pedestrian signals in the direction of the Agjin apartment in the direction of the Agjin apartment in the direction of the food agency by negligence in violation of the stop signal.

Ultimately, the Defendant suffered injury to the victim, such as the side of the slives and the slives of the front slives, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances favorable to the defendant among the reasons for sentencing) of the Act on the Suspension of Execution is that the defendant has shocked the victim by violating the signal, and that the victim suffered serious bodily injury, the nature of the crime in this case is not that of the crime in this case.

However, the defendant has no previous criminal record and is seriously against the defendant's legal representative, and considering the fact that the defendant has agreed with the victim's legal representative, support the disabled mother, etc., the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc.