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(영문) 대전지방법원 2018.04.30 2017고단3948
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 the operation of C Eth Motor Vehicles.

On August 21, 2017, the Defendant driven the above car at around 22:30 on August 21, 2017, and the front crosswalk D located in Daejeon-gu is proceeding at a speed of about 10 km in speed from the right distance to the right distance to the direction of the side in the direction of the direction of the side.

It is a road where a crosswalk with signal lights is installed.

A person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce speed and see the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, by neglecting this, the Defendant neglected the right-hand and left-hand and right-hand vision, and neglected it, led the Victim F (16 years of age, south) crossing the left-hand side from the right-hand side of the vehicle faced with the driver’s upper part in front of the right-hand side of the vehicle faced.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the side son who requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report of each traffic accident;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes (F);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] is the basic area (the decision of sentence for four months to one year) of the type 1 of the general traffic accident (the injury caused by traffic accident) [the decision of sentence]. The problem of the crosswalk is the accident that caused the injury that is not less easily to the victim, and the degree of violation of the duty of care is heavy, and there are many criminal records including traffic-related criminal records.

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