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(영문) 울산지방법원 2013.12.13 2013고단1693
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 driving a Cras.

On March 13, 2013, at around 16:57, the Defendant driven the above van, and led the 3rd distance in front of the parallel 4 and the 5th apartment in Chungcheongnam-nam, Yangsan-si, Yangsan-si, to the 7th national road section, from the 7th national road section, the parallel 5th apartment.

At the time, a crosswalk is installed in the front of the front, and in this case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets off the front of the front, and stop, and to check whether a person has a duty of care to drive the motor vehicle.

Nevertheless, the Defendant neglected this and did not stop in front of the crosswalk and did not discover the victim D ( South and eight years old) who opened the crosswalk from the right side of the direction of the Defendant’s running, to the left side, and received the front part of the Defendant’s driving.

As a result, the Defendant suffered injury, such as cutting down balls, which require approximately eight weeks of medical treatment due to occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. The actual condition survey report and photographs of the accident site;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Grounds for sentencing of selective imprisonment without prison labor;

1. The scope of sentencing recommended on the sentencing criteria and the basic area of causing traffic accidents by traffic crime group: April to October of a credit cooperative; and

2. The fact that the defendant's decision of sentence has the same criminal power one time, the defendant's negligence is serious due to shocking the victim who has dried the crosswalk, and the victim is very important part of the body and emotionally affected in the future growth process by falling short of the degree of the injury and falling short of the degree of the injury.

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