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(영문) 대전지방법원 2019.05.09 2018고단3978
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 dump truck.

On February 1, 2018, the Defendant driven the above vehicle at around 07:47, and moved to the right of way along the four-lanes between the four-lanes from the four-lanes to the four-lanes of the three-lanes of the three-lanes to the four-lanes of the three-lane distance.

Since a crosswalk is installed, there was a duty of care to reduce speed, to live well on the right and the right and the right of the road, and to safely drive the road.

The Defendant neglected to do so and neglected to take the right side of the victim C (V, 28 years old) who walkes the crosswalk in accordance with the pedestrian signals, and received the front side of the Defendant’s vehicle, and then received the front side of the road.

The Defendant suffered injury to the victim by occupational negligence, such as cutting down the body of the front guard, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The investigation report on the actual condition of a traffic accident, seven copies of the scene photograph of an accident, the investigation report (in the case of an accident, the crosswalk signals), the investigation report (in the case of an accident), three copies of the diagnosis report, three photographs of the accident, and the application of Acts and subordinate statutes on photographics;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person] and the element of mitigation of punishment: In the area of reduction of punishment (the area of recommendation and the scope of recommendation], the area of reduction of punishment, and January through August of a credit cooperative;

2. Dump trucks, the sentence of which is driven by the defendant, shall be opened to the right side of the crosswalk in cases where the driver's seat is high and right-hand;

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