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(영문) 청주지방법원 충주지원 2013.08.30 2013고단427
교통사고처리특례법위반
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 CITI-100 Obane driving service.

On May 28, 2013, at around 20:05, the Defendant proceeded in front of the voice public health clinic located in the voice Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup Eup, Chungcheongnam-do, from the room of the voice police station, but the Defendant, one-lane of speed of about 50 to 60km of speed among the two-lanes of speed.

At the time, crosswalks are installed at the front of the road, so in such cases, there was a duty of care to check whether a person engaged in driving service has a duty of care to reduce the speed and to live well on the front side and the right side, and to build the road safely.

Nevertheless, the defendant's negligence of neglecting this and led to the failure of the defendant to drive the victim D (the age of 61) who crosses the crosswalk to the right side from the left side of the direction where the defendant is driving.

As a result, the Defendant suffered injury to the victim by occupational negligence, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

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

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant's negligence of violating the duty to protect pedestrians in the crosswalk causing a traffic accident and thereby causing bodily injury to the victim; circumstances favorable to the victim's injury: the defendant subscribed to a comprehensive insurance for the instant vehicle; there is no criminal punishment against the defendant; the defendant reflects the crime; and the records are shown in the defendant's age, character and behavior, occupation, family environment, etc.

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