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(영문) 대전지방법원 논산지원 2018.05.11 2018고단8
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 driving a BM3 car.

On November 30, 2017, the Defendant driven the above car on the 12:35th day of November, 2017, and proceeded to turn the front of the 286 long-distance road to the public notice on the side of the public playground.

There are two crossings where signal lights are installed, and there are crosswalks where signal lights are installed before crossings, so the driver of the motor vehicle is engaged in driving the motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle well, and if there are red signal signals in the front signal apparatus, there was a duty of care to stop in front of the crosswalks.

Nevertheless, the Defendant neglected this and did not stop in front of the crosswalk in accordance with the red signals of signal apparatus, and did so, the Defendant got off the part on the right side of the victim C’s bicycle riding along the crosswalk from the left side of the direction of the Defendant’s running, to the right side of the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as T1 and T12, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site photographs and on-site investigation report;

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

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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] The basic area (4 months to 1 year) of the first type of traffic accident (the injury caused by traffic accident) [no person subject to special sentencing] [the sentence] degree of injury of the victim is more serious, the state of agreement is not reached, and the injured person appeals a strict punishment against the defendant.

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