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(영문) 춘천지방법원 2015.06.25 2015고단391
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a e-cub vehicle B.

On March 10, 2015, the Defendant driven the above car on March 16, 2016:30, and led the road of about 20 km in front of the U.S. In U.S. In U.S. In U.S. In U.S., the Defendant continued to drive the car at a speed of about 10 km from the private distance to the private bus terminal.

In such cases, as a road where a crosswalk without signal lights is installed on the front side, a person engaged in driving service has a duty of care to safely drive the road, such as temporarily stopping in front of the crosswalk, so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk and did not stop in front of the crosswalk, and followed the part on the bridge of the victim C (the age of 60) who dried the crosswalk as it is, with the front part of the said car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the internal side supposer for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. A written statement to be prepared;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General traffic accident [Article 62-2] The area of mitigation (1 to 6 months) [Special Mitigation] [including serious efforts to recover damage] [Article 62-2] of the area of mitigation (1 to 6 months] of punishment (including serious efforts to recover damage] (1) The defendant paid 3 million won to the victim and did not want the victim to be punished, 2) the vehicle driving by the defendant is covered by comprehensive insurance, and 3) the defendant.

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