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(영문) 전주지방법원 2014.04.18 2014고단79
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 one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cone Star Car.

On December 10, 2013, the Defendant driven the above car at around 06:30 on December 10, 2013, and proceeded along three-lanes from the opposite side to the opposite side of the chronic three-lanes in front of the chronic triangulation distance, which is located in the schill road in the schill-gu, Busan Metropolitan City.

At the time, there is a crosswalk in which signal lights are installed, and thus, there was a duty of care to safely operate the road after checking whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and went beyond the ground floor of the victim D (the 35 years old), which was left left by the right side of the road in the direction of the course according to pedestrian signals, due to the negligence of proceeding the vehicle stop signal as it is, the Defendant got the victim into the front side of the passenger car.

Ultimately, the Defendant suffered injury to the victim’s life by occupational negligence in light of the following: (a) the victim suffered less than 20 weeks of uncertainty in detail without any open address; and (b) thereby, the risk of life of the victim was caused.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report on traffic accidents, and each photograph;

1. Application of Acts and subordinate statutes to medical certificates, medical statements, and medical statements;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act provides that the defendant under the suspended sentence shall be sentenced to bankruptcy and exemption and, notwithstanding the circumstances that are economically difficult, he/she shall fully agree with the victim, the defendant shall confession and reflect the crime of this case, the defendant shall not have any criminal record exceeding the fine, the defendant shall report directly to the 119 et al. after the accident and shall be exempted from his/her clothes on the spot

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