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(영문) 대전지방법원 홍성지원 2015.11.13 2015고단902

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 service of BCA110.

On September 2, 2015, the Defendant, at around 23:20, proceeded with the roads prior to the Djuk point in Chungcheong Hong-gun, Hongsung-gun, with the cU convenience point university located in the Hygi-gun.

At all times, there is a side road where the center line is not installed and the driving of the victim E (23 years old) is going or crosses on the road, so in such a case, a person engaged in driving service has a duty of care to prevent the occurrence of an accident by driving pedestrians through the passage of the road or by safe means by looking at the movement of pedestrians accurately and at a speed.

Nevertheless, the Defendant received the victim's left-hand body part of the victim crossing the Madern road from the front part of the Madern road and had the victim go beyond the speed, due to the negligence on the part of operating the Madern, under the premise that the victim et al. was aware that he could cause damage without speed even after witnessing in advance.

The Defendant suffered injury to the victim, such as inside and outside the left-hand side of the victim requiring approximately six weeks of treatment by occupational negligence as well as the removal of the inner wall and the lower wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] There is no basic field (the person who is a special person) of the first type of traffic accident (the first class to April to October) (the decision of sentence] (the decision of sentence), six months of imprisonment without prison labor, two years of suspended sentence, the defendant is against and led to a confession, the fact that there is no record of criminal punishment against the defendant, and