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(영문) 대전지방법원 2015.04.03 2015고단343
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 driving of a C-wing cargo vehicle.

On January 12, 2015, the Defendant driven the above cargo vehicle at around 07:10, and driven the Esanbu and the front of the road in Daejeon Esan-gu D using one-lane road from the 3-distance distance towards the flow of the old 4-distance.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who can reduce the speed and live well the right and the right and the right of the road and to safely drive the road.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the said cargo vehicle, and received the direction of the victim F (the age of 75) who walked along the crosswalk from the right side of the said cargo vehicle as the front part of the said cargo vehicle.

In the end, the Defendant caused the victim to suffer injury, such as the flaging of the upper right body, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (1)

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

2. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] traffic accident in general traffic accident (the person who is a special person] - sources of punishment for mitigation elements (including serious efforts to recover damage) / [the scope of recommendation types] 1 to 6 (the scope of punishment] / reflects against which the comprehensive motor vehicle insurance for mitigation elements was subscribed [general person] - The main reason for the suspension of execution - The reason for the suspension of execution - The reason for the refusal of positive punishment - The detention of the defendant who has no longer been convicted of the suspension of execution, which is obvious of positive social relation, is accompanied by excessive difficulty to his/her dependants.

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