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(영문) 대전지방법원 2016.01.29 2015고단3696
교통사고처리특례법위반
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of a village bus in C.

Around 10:00 on August 12, 2015, the Defendant, while driving the above vehicle and driving along the two-lanes of the two-lanes in the East-do, Han-do, Han-dong, Han-do, Han-do, Han-do, Han-dong, Gi-dong, with the two-lanes from the front side of the East-do, was installed. In such a case, the Defendant, as a result of his occupational negligence, caused the victim D (10 years old) who opened the crosswalk on the right side from the left side of the Defendant’s proceeding in accordance with the pedestrian signals by failing to comply with the signal and to exercise a duty of care to protect and proceed with the pedestrian, despite the fact that the person engaged in driving the vehicle has a duty of care to observe the signal and to protect the pedestrian, thereby resulting in the victim’s injury, such as anti-condeption of the instability, which requires multiple treatment for more than three months.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Photographss by cutting booms images of scambling vehicles;

1. Accident-related CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. The reasons for sentencing under Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents - The scope of recommended sentence: The basic area of the general traffic accident No. 1, April - 10, the main reason for the recognition of the suspension of execution as the basis for the suspension of execution: The main reason for the recognition of the suspension of execution is that there is no penalty penalty or criminal punishment: The favorable circumstances in the case where the illegality among the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is serious: there are some concerns for somewhat taking into account the serious reflectness, agreement, general insurance coverage, the circumstances leading to the accident or the degree of violation of the duty of care: The result of

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