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(영문) 청주지방법원 2018.05.16 2017고단2805
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing C.

On November 18, 2017, the Defendant driven the above vehicle at around 13:55 on November 18, 2017, and led to the progress of the roads in front of the Seocho apartment late-gu, Busan Metropolitan City.

It is a child protection zone and a crosswalk where signal lights are installed, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering direction and brake system and observe signals while reducing the speed and putting on the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and entered the crosswalk without reducing speed, and by the negligence of entering the crosswalk in contravention of the signal, received the victim D(W, 11 years old) and the victim E(W, 11 years old) who was standing on the crosswalk.

Ultimately, the Defendant suffered from the victim D’s occupational negligence, such as an injury, such as dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium e

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The following conditions are determined by comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc.

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