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(영문) 대전지방법원 홍성지원 2013.10.18 2013고단613

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On May 13, 2013, around 10:0, the Defendant proceeded at a speed of about 40 km per hour, depending on the two-lanes in front of the shooting distance of each scenic party located in Taecheon-si, Taecheon-do.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant neglected this and found the victim E (the age of 86) who cross the crosswalk from the left side of the left side at late time, and operated it to avoid this. However, the defendant did not avoid it and did not go beyond the ground by receiving the part of the victim's left-hand-hand-hand-hand-hand side of the defendant's car.

As a result, the Defendant suffered injury to the victim during the period of three months of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on the actual situation;

1. Application of Acts and subordinate statutes to investigation report (a certificate of fact, attachment of medical certificate);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant directly transferred the victim to a hospital immediately after the accident in this case; the fact that the defendant has no record of criminal punishment until now; the fact that the defendant agreed with the victim; the defendant has a depth of his mistake);