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(영문) 대전지방법원 천안지원 2015.04.14 2015고단104
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On December 1, 2014, the Defendant driven the above vehicle on the 11:25th day of December, 2014, and driven the front side of the three-lanes from the west-gu, Chungcheongnam-gu, Seoul to the direction of the constituting three-way intersection.

At the time, the signal apparatus and crosswalk are installed, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as complying with the signal for the person engaged in driving the vehicle, checking whether there is a person to wear the crosswalk, etc.

Nevertheless, the Defendant neglected this and got the victim D (the age of 56) who dried the crosswalk in accordance with the pedestrian signals due to the negligence of proceeding with the stop signal, and caused the victim to suffer the injury, such as a dynasium and a dynasium, including four or more cages that require the victim to receive approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, the statement of the occurrence of a traffic accident, and on-site photographs;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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