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(영문) 청주지방법원 2017.06.29 2017고단102
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 a car in the B SP area.

On March 11, 2015, around 08:45, the Defendant came to turn to the left in the direction of the promotion apartment in the direction of the promotion apartment at a speed of 20 km to the bus end point of the D gas station in front of the D gas station in Sinju City, Sin-si, Geumcheon-dong.

At the time, road surface is a day, road surface was built, there are no signals, etc., and crosswalks are installed. In such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by checking whether there is a person who drives the motor vehicle while reducing the speed and cutting the road well.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and met the left-hand bridge part of the victim E (35 years old, female) crossing the crosswalk in the direction of the right-hand side of the bus heading from the closure point of the bus to the left-hand side. The Defendant shocked the front-hand side of the driver's seat of the above car.

Ultimately, the Defendant suffered injury, such as cutting the body at the bottom of the Bridge, which was accompanied by a non-alley frame (all parts) that requires approximately 12 weeks of treatment, due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on actual condition of survey, and photographs of the place of accident;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] The basic area (4 months to 1 year) of the first type of traffic accident (the injury caused by traffic accidents) [no person subject to special sentencing] [a person subject to sentencing] [a person subject to sentencing] [a person subject to a judgment on the sentence] did not be less easily for negligence due to a shock of pedestrians on the crosswalk, and the result of injury was relatively heavy.

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