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(영문) 청주지방법원 2012.11.07 2012고단1728
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of B-si.

On June 8, 2012, the Defendant driven the above taxi on June 18:37, 2012, and led to the passage of the three-lane road in front of the Han River Building, which is located in the Heung-gu Gyeongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to the new bank from the later side of the Home Purler, in one way.

Since a crosswalk is installed, in such a case, there was a duty of care to check and safely proceed as to whether a person engaged in driving a motor vehicle has a road to reduce speed and to check the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (W, 8 years old) who was standing a crosswalk from the right side of the running of the said taxi to the left side, and received the victim from the front part of the taxi to the right side of the Defendant.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of the left-hand lag abandonment, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report and field photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. The sentence of suspended execution shall be imposed on the condition of community service in consideration of the defendant's degree of negligence and the gravity of the victim's injury with the reason of sentencing under Article 62-2 (1) of the Social Service Order Act, etc.

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