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(영문) 대전지방법원 2018.09.17 2018고단2500
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle at C.

On March 23, 2018, the Defendant driven the above car at around 04:01, and proceeded along the two-lanes between the two-lane distance from the four-lane to the four-lane distance from the East East-gu, Daejeon.

At the time, crosswalks are installed at night, and the speed limit was 60km per hour. In such a case, the driver of the motor vehicle has a duty of care to check whether there is any person who gets on the crosswalks by complying with the speed limit and by checking well the right and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving a speed exceeding approximately 32.79 km per hour by a negligence of about 92.79 km in the speed of speed, and received the victim D (20 cm) who was standing on the right side from the right side of the Defendant’s running direction to the right side of the crosswalk from the Defendant’s running direction.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the franchising of the franchis that require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of traffic accident reports, reports on accident scenes, photographs of accident-related vehicles, and circulars to requests for appraisal;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

An unfavorable circumstance: an accident that causes damage to a person while driving in violation of the speed limit.

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