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(영문) 대전지방법원 2016.06.01 2016고단836
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 driver of a passenger car in Category C new framework.

On December 17, 2015, the Defendant is driving along the intersection in front of the E hotel located in Daejeon-dong, Daejeon-gu along the two-lane two-lanes from the same side to the same side of the four-lanes. As such, the front side was a three-lane intersection where the crosswalk is installed, the Defendant neglected his/her duty of care to safely pass the intersection after reducing the speed before entering the intersection and checking the front side well before entering the intersection, and even if he/she had an occupational duty of care to safely pass the intersection, he/she did not neglect the front side while driving the intersection beyond 60 kilometers of the speed limit, and did not discover the victim F (the age 22) who is crossing the crosswalk without permission from the left side of the direction of the Defendant on the part of the Defendant’s course, and caused damage to the victim by the front side of the Defendant’s vehicle and the victim’s rashization of the front part of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the F Statement;

1. A written statement of the G production;

1. A survey report on actual conditions;

1. A copy of a medical certificate (11 pages of evidence records);

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of imprisonment without prison labor: Consideration of the fact that an accident occurs while driving an excessive driving, and the fact that the injured party is serious);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that there is no record of criminal punishment, the fact that the victim is not responsible for the occurrence of an accident because of an accident that occurred while crossing a eight-lane road without permission; the fact that the victim immediately reported to 119 on the accident in order to send the victim back to the hospital by the victim; and the fact that the victim reflects it);

1. The community service order under Article 62-2 of the Criminal Act;

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