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(영문) 대전지방법원 2017.09.27 2017고단2941
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 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 CPoter 2 cargo vehicles.

On May 24, 2017, the Defendant driven the above cargo vehicle around 15:15, and moved to the right direction of Nondo in the direction of Nondo, along four-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

Since there is a crosswalk where signal, etc. is not installed, in such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by checking whether there is a person walking the crosswalk by reducing the speed and temporarily suspending the vehicle driving.

Nevertheless, the Defendant neglected this and got the victim F (the age of 54) who was crossing the crosswalk from the right side of the course to the left side of the crosswalk as it was due to the negligence of bypassing it, to go beyond the front side of the above cargo of the Defendant.

As a result, the Defendant suffered from the above occupational negligence that caused approximately 16 weeks to the victim’s body felball together with a non-felball that requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. On the ground of sentencing under Article 62(1) of the Act on the Suspension of Execution, an accident with heavy fault and heavy injury to the victim is deemed disadvantageous; the confession and reflect are made; the comprehensive motor vehicle insurance is covered by the Act on the Suspension of Execution; and the agreement with the victim is considered favorable circumstances.

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