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(영문) 청주지방법원 2018.05.17 2017고단1505
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a CF car.

On May 25, 2017, the Defendant driven the above car at around 20:15, and moved the D neighboring roads at a considerable area of the Cheongju-si to the right edge of the Cheongnam-do from the lowermost road to the lowermost distance of the Cheongnam-do.

Since there is a crosswalk installed on the front side, the defendant engaged in driving of the motor vehicle has a duty of care to check whether there is a person who gets involved in driving the motor vehicle by reducing speed and by checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim E ( South, 77 years old) who was standing on the right side of the defendant's running direction with the right side, and received the Defendant's vehicle front part.

As a result, the Defendant suffered injury to the victim, such as the pelle of the part in which the details of the light pelle, which requires approximately 14 weeks of treatment, are unclear due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Sentencing [Scope of Recommendation Sentencing] In the case of bodily injury in the aggravated area (from August to two years) (in the case of a special aggravated person) (the person subject to a special aggravated punishment), the sentence shall be determined as per Disposition by taking into account the following circumstances in the sentencing records, such as the defendant's age, occupation, sex, family relation, circumstances before and after the crime, etc.

The defendant did not discover the victim of the crosswalk and caused the traffic accident of this case, the injury occurred to the victim, and the victim did not agree with the victim.

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