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(영문) 전주지방법원 2018.07.17 2018고단403
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 4, 2018, the Defendant driven the above car at around 17:00, and proceeded at an irregular speed from the Military Manpower Administration to the lower Military Manpower Administration, along the two-lanes in front of the D shop located in Ysan-gu Seoul Special Metropolitan City, according to the two-lanes in front of the D shop located in Ysan-gu Seoul Special Metropolitan City.

Since a crosswalk is installed at a crosswalk, there was a duty of care to prevent accidents by checking whether a person engaged in driving a motor vehicle is a pedestrian who has a front side and right side and right side of the motor vehicle.

Nevertheless, the Defendant did not discover the victim E (at 62 years of age) to stand the crosswalk on the right side of the moving direction due to the negligence of driving without neglecting this, and did not discover the victim E (at 62 years of age) and received the victim's bridge part in front of the left side of the vehicle of the Defendant, and suffered approximately about 10 weeks of the victim's bridge and suffered the victim's rupture and rupture to the right side in need of

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement protocol (F);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant neglected to perform his/her duty of care in the front direction; (b) caused damage to the crosswalks; and (c) the degree of injury is not somewhat weak.

However, in consideration of the fact that the victim has agreed smoothly with the victim and the fact that there is no specific criminal history except once fine, etc., the punishment shall be determined as per the order.

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