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(영문) 전주지방법원 군산지원 2017.05.17 2017고단90
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On December 20, 2016, the Defendant driven the above taxi on December 14:05, 2016, and proceeded to turn to the left the right at the fourth apartment direction in the area of gold-line, the front intersection of the E, located in D, Dorari-si, Do, Chungcheongnam-do.

The intersection was installed with a crosswalk, and since there was a pedestrian, the driver of a motor vehicle has a duty of care to ensure that the driver of the motor vehicle stops in the front of the crosswalk by taking into account whether there is another motor vehicle or pedestrian in the intersection, and that the driver of the motor vehicle has a duty of care to safely check whether the pedestrian has finished crossing and prevent the accident by starting the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim F (n, 82 years of age) who was walking along the crosswalk, and did not stop in front of the crosswalk and did not stop in front of the crosswalk, and received the victim's bridge from the front driver of the taxi, and suffered injury, such as approximately 12 weeks of treatment of the victim, such as a closed-down frame on the front part of the right frame, the right-hand side breath, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on a traffic accident, report on the scene of an accident, and report on an investigation (vehicle booming investigation);

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

2. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) [Special mitigated Persons] The sentence is ordered in full view of the following circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and other conditions of sentencing such as the defendant's age, sex, environment, motive, means and consequence of the crime.

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