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(영문) 청주지방법원 2018.08.30 2018고단788

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2018, the Defendant driven a high-speed car around 16:40 on March 15, 2018, and proceeded from the king to the tamp of 108 Toussan High School located in the Eup/Myeon of the Chungcheongnam-gun, Chungcheongnam-do.

Since the above intersection was at a place where traffic was controlled according to the signal, etc., and the crosswalk was installed adjacent to the intersection, the Defendant was obliged to pay attention to safely proceed by properly manipulating the steering left and right, and operating the steering direction and the brakes in a safe manner according to the signals.

Nevertheless, the Defendant neglected this and proceeded as it was in violation of the signal, and was placed on the part of the victim D (the 17-year old age), who walked on the crosswalk in accordance with the pedestrian signals at the front direction of the Defendant’s course, and was placed on the top of the steering line of the said car.

Defendant 1 suffered injury to the victim, such as the lower end of the aggregate that requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, the proviso to Article 3 (2), and the selection of imprisonment without prison labor;

1. Determination of the sentence is based on the following circumstances: (a) recognition of the crime of sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) the first offender is the first offender; (c) agreement with the victim; and (d) the recognition of the comprehensive motor vehicle insurance; and (c) the fault of the defendant is not weak; (d) disadvantageous circumstances, such as the injury inflicted on the victim; and (e) the elderly and the health conditions of the defendant are not good; and (e) the sentencing conditions specified in the records and theories of the instant case,