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(영문) 대전지방법원 2018.09.13 2018고단956
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 C and C 3 cargo vehicles.

On January 19, 2018, the Defendant driven the above cargo vehicle around 05:25, and proceeded with the historical distance of genetic hot spring located in Daejeon Seosung-gu into two-lanes of floating tourist hotel rooms in the area of the national resort site in the national army. On January 19, 2018, the Defendant moved to the right-hand of the front door of the Chungcheongnam-nam University.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the defendant neglected to do so and proceeded with the above crosswalk, and did not discover the victim D (I 62 years of age) who was a right-hand side from the left-hand side of the defendant's running direction, and did so, the defendant received the victim in front of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the 12 week period of medical treatment, such as NOS in the cerebral cerebral cerebral in which there is no wound in the two markets in need of open medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The actual investigation report on traffic accidents;

1. On-site photographs, etc.;

1. Application of Acts and subordinate statutes to a medical certificate, written confirmation of hospitalization and written statement;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. When considering the fact that the defendant's negligence of the reason for sentencing under Article 62-2 of the Criminal Act resulted in severe injury to the victim, the defendant's liability for the crime is unlimited, the defendant's vehicle is covered by comprehensive insurance, the defendant's deposit of KRW 10 million for the recovery of damage, and the defendant's deposit of KRW 10 million.

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