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(영문) 대전지방법원 천안지원 2014.12.04 2014고단1099
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for seven months.

except that 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

On April 22, 2014, at around 21:30, the Defendant driven the B rocketing Ⅲ car, and continued to drive the D Syst and Ⅲ car in Western-gu, Seoan-gu, Seoan-gu, Seoan-gu, at about 50km in the speed of two parallels, depending on one lane from the two parallels to the two parallels. In such a case, there is a crosswalk installed without any signal, etc. on the front side of the road, and thus, in such a case, the driver of the vehicle installed a crosswalk, the driver of the vehicle has to reduce the speed of the vehicle, take the right side and the right side of the vehicle, and the pedestrian passes the crosswalk, and proceed with the duty to temporarily stop in front of the crosswalk and send the pedestrian first, thereby preventing the accident. However, the Defendant was negligent in neglecting the duty of care to prevent the accident, and sustained the victim’s right-hand side of the victim E (the age of 26) by taking the right-hand side of the vehicle of the Defendant into the front part of the road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Report on traffic accident (1) a report on actual condition survey, field photographs, etc., report on the preparation of a medical certificate, recording record, and the application of the Acts and subordinate statutes governing black boxes and video CDs around the scene of the accident;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the case where the defendant shocked the victim at the crosswalk and caused injury to the victim during the ten-day period. In light of the defendant's negligence and the degree of injury inflicted on the victim, although the defendant's responsibility is not less than that of the defendant, the defendant is presumed to be the first offender who has no criminal history, and all of the crimes of this case is led to the confession of all of the crimes of this case, and the vehicles are covered by comprehensive insurance with the victim.

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