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(영문) 청주지방법원 2016.12.01 2016고단973
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2015, the Defendant, who is engaged in the driving of freezing vehicles B, was driving the freezing vehicles at around 10:20 on December 30, 2015, and came to turn to the left from the surface of the Cheongju-si, the Cheongju-si Seoul Metropolitan City street 202, on the front side of the Cheongju-gu, Goju-si, Seoul Metropolitan City street 202.

Since there is a crosswalk at a front door, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to check well the right and the right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and did not discover the victim C (the 73 years old) who cross the crosswalk from the right side of the defendant's proceeding to the left side, and did not find the victim C (the 73 years old) and went beyond the ground.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to a cerebral cerebral cerebral in which there is no open room for at least eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Accident video CDs;

1. Application of Acts and subordinate statutes to a medical certificate, a report on an investigation (report accompanied by a statement of opinion on serious injury, etc.), a statement of opinion, and a report on an investigation (verification of the

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. A person who is in special guard (from August to February) in the aggravated area (from August to two years) of the first category of traffic accident within the scope of the recommendation-type of the sentencing criteria: In case of serious injury; and

2. The fact that the sentenced person has shocked the pedestrians who had a crosswalk to be sentenced, and suffered serious injury, and that the vehicles are covered by the comprehensive insurance, and that the vehicles are covered by the comprehensive insurance.

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