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(영문) 대전지방법원 천안지원 2013.11.14 2013고단996
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving B car truck truck freight vehicles.

At around 17:30 on May 23, 2013, the Defendant driven the above vehicle, and proceeded at a speed of about 60km from the Domino-ray, front of the Domino-ray, which is located in the Domino-do, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, the Defendant driven at a speed of about 60km per hour, depending on two lanes towards the Domino-ray.

On the other hand, there is a crosswalk where signal lights are installed, so it is necessary to check whether a person engaged in the driving of a motor vehicle has the duty of care to reduce the speed of the person engaged in the driving of the motor vehicle and to check whether there is a person driving the crosswalk, and to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance

Nevertheless, the Defendant neglected to stop the signal while proceeding as it was, and the victim C (the age of 46) who dried the crosswalk from the right side of the proceeding to the left side according to the pedestrian signal was assigned to the front part of the truck.

Ultimately, the Defendant suffered approximately 10 weeks from the above occupational negligence, such as the blood species and brain ties in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Application of diagnostic certificates, on-site photographs statutes;

1. It shall be decided as per Disposition on the grounds of the relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) 1 of the Act on Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act

The defendant with reasons for sentencing is sentenced to imprisonment without prison labor, since it is reasonable to strictly punish the defendant because he/she did not reach an agreement even though he/she caused an accident that causes a shock of pedestrians in violation of the signal and suffered serious injury that requires medical treatment for ten weeks.

However, the defendant is an initial offender who has no record of punishment, and the defendant's driver's vehicle is covered by a comprehensive insurance, etc. shall be considered as the order.

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