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(영문) 대전지방법원 2013.10.14 2013고단2700
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 B Costa Car.

On July 4, 2013, the Defendant driven the said car on the business of around 20:30, and proceeded from the 7nd page of the old-gu Seo-gu Seo-gu, Daejeon, to the 30 kilometer of the old-gu, Seo-gu, Seo-gu. On the 7nd page of the old-gu village, the Defendant moved to the right right-hand speed of 30 kilometers a speed from

However, at the front of the proceeding direction, the crosswalk with signal lights was installed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely proceed by examining whether a pedestrian passes a crosswalk by reducing speed and taking into account his/her front seat well.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (W, 57 years old) who was standing the crosswalk to the right side from the left side of the course of marina course by negligence, and received the victim as the front part of the said car.

Therefore, the Defendant suffered injury, such as the franchising of franchis, which requires approximately eight weeks of treatment due to such occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal history of the same kind, there is no history of criminal punishment heavier than that of the suspension of execution, the depth of errors, the vehicle is currently purchasing a comprehensive insurance policy, and the agreement with the victim, etc.);

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