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(영문) 대전지방법원 2017.12.11 2017고단4001
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 a period of one year 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 a private taxi B.

On October 1, 2017, the Defendant driven the above taxi at around 05:30 on October 1, 2017, and continued the roads in front of the 426-dong Sungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Since the location is an intersection where signal, etc. with crosswalks are installed, the driver had a duty of care to safely drive the crosswalks in accordance with the new subparagraph.

Nevertheless, the Defendant violated the signal signal while standing off, and the Defendant did not check the pedestrians who walk the crosswalk properly, and the Defendant got the victim C(the 77 years old) who cut the crosswalk in front of the above taxi according to the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the body breath of the body part in need of approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The written opinion, the criminal place, and the actual investigation report; and

1. An accident scene photograph;

1. Application of the Act and subordinate statutes reporting the results of diagnosis, investigation, and investigation;

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [Scope of Recommendation] General traffic accident [Article 62-2 of the Criminal Act] Nos. 1 (Bodily Injury resulting from Traffic Accidents) [Article 1-6 months] of the mitigation area (Special mitigated Persons] [Pronouncement Decision] as an accident on a crosswalk, the degree of violation of the duty of care is heavy, and the victim's age, the degree of injury is minor, and the degree of injury is not easy, and even before the accident, there is a power of punishment as a traffic accident.

However, there is a conflict between the victim and the victim.

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