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(영문) 전주지방법원 2018.05.15 2017고단2421

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The suspect is the driver of Lone Star Co., Ltd.

At around 09:05 on November 13, 2017, the Party complained against, however, the so-called the Sylle market of 435 Yang Jae-dong, the Syncheon-ro, the Donsan-si, the Doncheon-ro, the Doncheon-ro, the right to the right to the right to the right to the park cemetery

In such cases, the driver has a duty of care to safely proceed with the right ofpassing after accurately operating the steering system, brakes, and other devices of the vehicle and checking the safety of the right of way.

Nevertheless, it is inevitable to neglect this, and the crosswalks conflict with the victim D ( South, 19 tax) in the front part of the other part.

Ultimately, the suspect suffered injury, such as injury to the internal part of the victim requiring approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A statement of occurrence of a traffic accident;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant sustained an injury by shocking the victim with a crosswalk pursuant to the pedestrian signals, and the degree of the injury is serious, but it does not reach an agreement with the victim.

However, in consideration of the fact that the defendant recently deposited KRW 3 million for the victim, the medical expenses are being paid through insurance, the fact that the defendant has no record of crime exceeding the fine, etc., the punishment as the order shall be determined.