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(영문) 대전지방법원 천안지원 2013.08.12 2013고단128
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a driver of Cren car.

On September 18, 2012, around 20:20 on 20:20, the Defendant straighted a road of about 40-50 km from the Sinsan Triri University, which is located in the Gasan-si of Gasan Sinsan City, to the right side of the post-Linsanri University.

At all times, a crosswalk without signal lights are installed on the front door. In such a case, if there is a pedestrian who drives a motor vehicle and passes the crosswalk by reducing the speed of the motor vehicle and taking a well-being of the front door, there was a duty of care to temporarily stop in front of the crosswalk to check the safety of the pedestrian.

Nevertheless, the defendant neglected to temporarily stop and continued to proceed at the same speed, and the victim D, who crosses the road to the right side from the left side of the proceeding direction, has to go beyond the road by shocking the front side of the car of the car driving by the defendant, and the side side of the victim E to the right side.

Ultimately, the Defendant suffered injury to a victim D (year 22) due to the above occupational negligence in the event that he/she was unable to know the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness E;

1. A traffic accident report;

1. Comprehensive analysis and replies of traffic accidents;

1. The application of Acts and subordinate statutes to medical care benefit return, medical certificate, and opinion;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [Determination of Punishment] The reason for sentencing under Article 268 of the Criminal Act [Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Sentence ] The injury (special person in charge) caused by traffic accidents in general traffic accidents [Article 268 of the Criminal Act] - Where serious injury occurs [Article 1] [the scope of the recommended sentence] [the scope of the increased sentence] from August to January 1, 196] - The mitigated element: Subscription to comprehensive motor vehicle insurance for motor vehicles and serious reflects [the scope of punishment] applicable provisions: January to May.

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