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(영문) 대전지방법원 서산지원 2016.04.14 2016고단35
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On July 4, 2015, the Defendant driven the above car at around 19:00 and proceeded at a speed of about 40 km from the right edge to the right edge of the road of two lanes in front of the Mat-dong, the Mat-dong, Asan City, along two lanes.

There are crosswalks where signal lights are installed on the front door, so in such a case, it was necessary to confirm whether a person engaged in driving service has a duty of care to reduce the speed and to see well the front door, while driving safely according to the traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim C (at the age of 47) who was crossing the above crosswalk from the right side to the left side at the time of the same speed due to the negligence of continuing a change of the front signal to the stop signal, and operated it to avoid this. However, the Defendant failed to avoid it, and got the victim into the front part of the said vehicle and went beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand upper part of the 8 week medical treatment, the lower part of the lower part of the body, and the lower part of the body, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation;

1. The actual survey report and on-site photographs;

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

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [Recognizing the Defendant’s criminal responsibility on a net basis, the Defendant is displeasure to the victim (26,51,61 of investigation records). The Defendant is an initial offender who had no criminal record at the time of the accident.

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