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(영문) 춘천지방법원 영월지원 2018.05.29 2018고단89
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 who is engaged in driving a low-priced car.

On February 12, 2018, around 15:25, the Defendant stopped on the two-lanes in front of the “D”, which is located on the two-lane road in Taesan City, and continued to drive the said vehicle on the two-lanes in front of the crosswalk, leading directly to the first apartment in Taesan.

Since a crosswalk without signal lights is installed, there was a duty of care to prevent accidents by checking whether a person engaged in the driving of a motor vehicle has a pedestrian, and by securing a career safety, and driving the crosswalk.

Nevertheless, the Defendant was negligent in neglecting this and driving a crosswalk to the left side of the right side of the victim E (73 ) on the left side of the crosswalk due to the negligence of driving the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the reproduction of the left-hand gals, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. 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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 [Judgment of sentencing] [No person subject to special sentencing] / [Judgment of sentencing] / Defendant acknowledges the crime of this case; Defendant has no record of criminal punishment; Defendant has no record of criminal punishment; favorable circumstances such as the fact that automobile comprehensive insurance is subscribed to a motor vehicle; Defendant’s construction of crosswalks did not find the victim and caused the traffic accident of this case; Defendant’s character, character, environment; and other unfavorable circumstances such as the occurrence of the traffic accident of this case without agreement with the victim.

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