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(영문) 대전지방법원 2014.06.12 2014고단1155
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 of a C Poter cargo vehicle.

On February 14, 2014, the Defendant continued to turn to the left at a speed of about 20 km from the west-gu, Daejeon, Seo-gu, Daejeon, one-lane road in front of the New Cooperative Federation, 290, to the left at a speed of about 20 km per hour from the direction of the office building park.

Since the place is installed with a crosswalk without signal, the driver had a duty of care to safely drive the crosswalk after checking the right and the right of the front and the right of the front and the right of the driver.

Nevertheless, as long as the Defendant neglected his duty of care and neglected to do so, the Defendant entered the crosswalk as it was due to occupational negligence, and received the victim D (the age of 31) who was walking the crosswalk from the left side of the running direction of the Defendant, to the right side, from the left side of the road of the Defendant.

As a result, the Defendant suffered injury to the victim, such as the left-hand majority of the executives who need approximately 13 weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on actual traffic accident;

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

1. Article 3 (1) and Article 3 (2) (proviso)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, and the Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Transport Crime Group, General traffic accident (type 1), mitigation area (type 1), imprisonment without prison labor for a period of one month or more to six months (decision of a sentence] and there is no previous conviction, comprehensive motor vehicle insurance contract, agreement with the victim (decision of no punishment for the victim), serious radius;

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