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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고단29
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 engaging in driving a rocketing car.

On November 7, 2015, the Defendant driven the above car at around 17:03, while driving it at around 17:03, followed by three-lanes from the direction of the Gangnam Police Station to the direction of the Gangnam Police Station at the front of the D higher crosswalk in Gangnam-si, Gangnam-si.

At the time, it was difficult to secure the view of the low speed, so in such a case, there was a duty of care to safely drive the road, such as thoroughly performing the duty of opportune and thoroughly checking whether a person engaged in driving service is a pedestrian walking the crosswalk than ordinary, and preventing the accident by checking whether a pedestrian walking the crosswalk is a pedestrian walking the crosswalk.

Nevertheless, as the defendant did not thoroughly perform the duty of Jeonju, the defendant did not use the part of the victim E (the 66 years old) who walked on the right side from the left side of the vehicle driving direction of the defendant person to the right side of the victim E (the 66 years old) to use the damaged person on the road.

As a result, the Defendant suffered injury to the victim, by negligence in the above business, on the part of the victim, the body body body felbing together with the right felball, requiring approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. All on-site photographs;

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

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflectiveness, beginning crime, and comprehensive insurance; circumstances after the accident in this case occurred and after the accident in this case; support relationship, etc.);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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