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(영문) 전주지방법원 군산지원 2018.08.08 2018고단506
교통사고처리특례법위반(치상)
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 car Ci30.

On January 11, 2018, the Defendant driven the above car at around 08:45, and driven the two-lanes of the two-lanes of the E in front E in the next city in the next city in the direction of the driving distance between the two-lanes in the direction of the driving distance between the two-lanes.

Since there are no signals, the defendant was in the vicinity of the crosswalk where the signal is not installed, the defendant engaged in driving service had a duty of care to correct the steering gear and operation of the steering gear well by accurately operating the steering gear and the steering gear.

Nevertheless, the defendant neglected this and went beyond the floor by taking the victim F (the age of 71) who walked along the crosswalk from the left side of the defendant's running direction to the right side.

Ultimately, the Defendant suffered injury to the victim, such as the diversity flasing, etc., in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting on the occurrence of a traffic accident, reporting a traffic accident, verifying evidence at the scene of the accident, and applying a medical certificate to statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The degree of injury suffered by the victim for the reason of sentencing Article 62-2 of the Criminal Act is serious.

A victim who walking along a crosswalk is not negligent because he/she is sufficient to be able to commit a crime, and is bad.

The victim seems to be still trying to punish the defendant.

However, it seems that it was difficult to detect the victims and immediately stop the vehicle due to the heavy snow accumulated at the time of the accident (However, it is difficult to turn off the snow path at the time and stop the vehicle.

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