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(영문) 대전지방법원 2018.01.18 2017고단4130
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 sports vehicle B in the amount of e-sports vehicle.

On July 23, 2017, the Defendant driven the above vehicle on July 23, 2017, and made it left to the left at the right angle of the 2-o-ro 204, Dong-gu, Daejeon-dong, Dong-gu, Daejeon-dong, Dong-gu, 204.

In this case, the defendant, who is engaged in driving duties, has a duty of care to check the passage of pedestrians and to prevent accidents by safely driving the crosswalk by properly checking the front side and the left side of the crosswalk.

Nevertheless, the Defendant neglected to stand on the part of his duty and got off the crosswalk from the right side of the Defendant’s running direction to the left side of the crosswalk. The Defendant got out of the left side of the vehicle in which the Defendant is driving.

Defendant 1 suffered from an injury from an injury due to an occupational negligence on the part of the victim of a traffic accident that requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A letter of apology;

1. A report on internal investigation (a CCTV image for a defense room and a black stuff image);

1. Results of investigation (verification of black stay images);

1. An investigation report (including a written opinion, etc. accompanied by data related to an injury) - a written opinion, and a written statement concerning the injury of the victim of a traffic accident C;

1. A survey report on actual condition (1) and (2);

1. Medical certificate (C), written opinion (C);

1. Application of the Acts and subordinate statutes governing black booms video CDs and field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has committed the instant crime, the defendant has no same criminal record and only two criminal records of fines due to this type of crime, the defendant's vehicle is covered by the comprehensive motor vehicle insurance.

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