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(영문) 대전지방법원 천안지원 2019.05.02 2019고단110
교통사고처리특례법위반(치상)
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 the operation of B rocketing taxi.

Around 07:00 on December 26, 2018, the Defendant driven the above vehicle and proceeded at a speed of about 50 km from the surface of the anti-brupt distance of the bamboo at the Dong-gu, Dong-gu, Dong-gu, Seoul to a speed of about 50 km per hour from the surface of the anti-brupted river.

At the time, it was difficult to keep the surroundings around the day, and there was a crosswalk installed no signal signal at the front of the door, so there was a duty of care to safely drive the crosswalk by reducing the speed of the person engaged in the vehicle driving duty and by checking well whether there was a person who gets on the crosswalk.

Nevertheless, due to the negligence of neglecting this, the Defendant sustained the injury of the victim E (the age of 74) who walked on the above crosswalk from the right side of the Defendant’s vehicle to the left side, due to the shock of the front part of the Defendant’s driver’s seat, and the victim suffered approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act.

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education is against the defendant's depth while recognizing the defendant's error. The defendant agreed with the victim smoothly, even though he had been punished several times due to the same kind of crime, again committed the crime of this case. The crime of this case was committed as a result of shocking the victim who is an old female female walking on a crosswalk with no signal signal, and causing an alley that requires about 12 weeks medical treatment, and the nature and circumstances of the crime are not good.

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