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(영문) 대전지방법원 서산지원 2013.12.13 2013고단665
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 low-speed car.

On August 11, 2013, the Defendant, at the speed of about 60 km from the surface of the Taean Terminal, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, to move ahead of the main apartment at a speed of about 60 km in the direction of smooth intersection.

Since a crosswalk is installed on the front side, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a road by reducing the speed and by properly examining the right and the right of the front side and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and proceeded without looking at the front of yellow on-and-off signals, which led to the negligence of proceeding as is, the Defendant’s failure, and shocked the victim C, who crosses the crosswalk from the right side to the left side, into the front part of the right side.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “alleys and closed down of a non-alleys,” which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Photographs of the accident site;

1. The screen pictures of black stuffs;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., against the defendant, was sufficient to attack the victim who has passed the crosswalk, and the injury inflicted on the victim due to such shock is not minor;

However, considering the fact that the defendant has no particular criminal record, that the defendant has agreed with the victim in this court, that the defendant has been covered by the comprehensive motor vehicle insurance, the age and accident of the defendant.

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