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(영문) 대전지방법원 2015.10.15 2015고단1904
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 30, 2015, the Defendant driven a sealed truck C on April 30, 2015, and led to the flow of the road in front of Daejeon-gu D, Daejeon-do, to the Daesung High School from the edge of the mailing university.

In this case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the defendant neglected this and went beyond the road by taking the front part of the vehicle driving by the victim E, who walked on the left side of the crosswalk from the right side of the course to the left side by negligence.

As a result, the Defendant suffered injury to the victim due to such occupational negligence, such as the injury to the left-hand side of the upper half of the river that requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Transport Crime Group, General Traffic Accidents (Type 1), Reduction Area, imprisonment without prison labor for one month to six months (Pronouncement Decision], and one time (2010) of fines related to drinking driving and one time (2010) other than punishment of a victim who has no record of criminal punishment, such as the victim's non-influence

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