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(영문) 전주지방법원 2018.08.21 2018고단360
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 who is engaged in driving of Cone Star 6 Roster.

On December 15, 2017, the Defendant driven the above 06:10 on the 06:10 on December 15, 2017, and moved the distance prior to the “E” food in Seo-jin-gu Seoul Special Metropolitan City, to the front side from the front side to the front side of the front side. Since a crosswalk was installed, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to check whether there is a person walking the crosswalk while driving the right side and safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim F (57 years old), who was crossingd by his negligence by his negligence, and caused damage to the victim’s surrounding land during about seven weeks, by taking up the Defendant’s driver’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. 교통사고 보고⑴⑵

1. An accident scene photograph;

1. A written statement (F);

1. Two copies of a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (related to violations of duty to protect pedestrians due to causes for accidents);

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, caused the injury not to be lightly given to the victim on a crosswalk by shocking the victim on a crosswalk.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the victim has agreed smoothly with the victim, the fact that there is no record of crime exceeding the fine.

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