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(영문) 대전지방법원 천안지원 2017.09.28 2016고단279
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On February 8, 2016, the Defendant driven the above car on February 19:15, 2016, and led to the left left-hand turn at about 10km speed from the new world department store located in the south-gu New-dong, Southern-gu, Chungcheongnam-gu, Seoul, to the right-hand left-hand turn at the speed of about 10km from the side of the terminal shooting distance.

Since there is a crosswalk at a front door, there was a duty of care to check whether a person engaged in driving service is a person to walk well and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and instead found the victim C (47 tax) to be late on the right side by using the crosswalk due to negligence that is not taken by the pedestrian on the crosswalk, and operated it to avoid it. However, the Defendant did not avoid it and did not go beyond the ground by taking the victim's bridge up to the front part of the passenger vehicle of the Defendant.

As a result, the Defendant suffered injury, such as booming down the upper part of the upper part of the upper part of the road, which requires approximately eight weeks of treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Circumstances favorable to the basic area (4-1 year-year-year-end decision): The defendant's mistake is recognized and reflects his/her fault; there is no history of receiving a fine heavier criminal punishment than a fine; there is no unfavorable circumstance that a sea-related vehicle has subscribed to liability insurance; the defendant's negligence is very large; the degree of injury of the victim is significant; the reason for sentencing of imprisonment without prison labor is limited; the reason for sentencing of imprisonment without prison labor is [the scope of recommendation] under Article 3 (1) and (2) proviso 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; the reason for sentencing of imprisonment without prison labor is [the scope of recommendation]; and the reason for sentencing of the type 1 of the general traffic accident.

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