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(영문) 대전지방법원 2017.10.12 2017고단2336
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 driving a C-A-hurd motor vehicle.

On April 22, 2017, the Defendant driven the above car at around 08:50, while driving the car at around 08:50, the Defendant driven the front of the D in front of the Sejong Sejong Hospital in the direction of the Measures Board in the direction of the Sejong Sejong Hospital.

Since there is a place where a crosswalk without signal, etc. is installed, in such a case, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system after living in the crosswalk or temporarily stopping in the crosswalk.

Nevertheless, the Defendant neglected this and got the victim E (the age of 72) (the age of 72) who opened the crosswalk from the right side of the course to the left side of the road due to his negligence, which led the Defendant to the front part of the above passenger car.

Ultimately, the Defendant suffered approximately 12 weeks of the above occupational negligence from the body of T7 parts, which require the victim to receive approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident reports, accident scene photographs, reports on the occurrence of traffic accidents, and investigation reports (victim E and telephone conversations reports);

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

Conditions disadvantageous: The accident that occurred in contravention of the duty to protect pedestrians on the crosswalk, which is favorable to the degree of fault of the defendant, and the degree of injury to the victim, shall be led to confession.

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