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(영문) 청주지방법원 2013.04.26 2012고단2501
교통사고처리특례법위반
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

On September 19, 2012, the Defendant was a person engaged in driving CP car, and around 15:40 on September 19, 2012, the Defendant was driving the said car to drive it, and the shooting distance in front of the so-gu, So-gu, So-gu, So-gu, So-gu, So-gu, Seoul, had been driving from the ocean farm to the Sejong-do, Sejong Village, at about 20km of the road as soon as possible.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, when the driver neglected this and proceeded in violation of the signal, he did not discover the victim D(W), which was a crosswalk pursuant to the victim's signals, and did not find 13 years of age, and he shocked the victim's left right side with the victim's car, and the victim's left shoulder was faced with the victim's driver's car's car's right side.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand framework of the lower-class staff in need of approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of field photographs and vehicle photographs statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is an occupational negligence of the defendant in violation of his/her signal and causing serious injury to the victim by taking the victim on a crosswalk in accordance with the pedestrian signals, and the nature of the crime is not less light.

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