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(영문) 대전지방법원 천안지원 2017.07.06 2017고단1052
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a car frequently or frequently.

On January 30, 2017, the Defendant driven the above car at around 22:30, and driven the crosswalk without the front signal of the D hospital located in Asan City, Asan City along the two-lanes of the two-lanes from the view room of the tourist hotel.

In this case, the driver of the vehicle has a duty of care to drive the vehicle by checking well whether there is a pedestrian in the crosswalk.

In this regard, the Defendant neglected such duty of care and thereby caused the victim E ( South, 42 years old) who walked the crosswalk to the right side from the left side of the driving vehicle in the direction of the vehicle driving of the Defendant to the front side of the vehicle driving of the Defendant.

In this accident, the victim suffered bodily injury, such as an exposure to an external prop requiring approximately 6 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (E);

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 3 (2) (proviso) 6, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The reason for sentencing under Article 62(1) of the Criminal Act / [the scope of recommendation] No person who does not have a basic area (4th to 1 year) (the person who is subject to special sentencing] of the first type of traffic accident [the defendant] [the decision of sentencing] / The defendant's negligence of violation, the degree of the victim's relative relationship, the victim still appeals for legacy; although not agreed with the victim, some damage was recovered due to the comprehensive insurance to which the defendant was admitted, and the defendant is the first offender who has no record of criminal punishment.

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