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(영문) 대전지방법원 2018.08.09 2018고단2033
교통사고처리특례법위반(치상)
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 also a person who drives a passenger car in B.

On December 20, 2017, the Defendant driven the above car at around 06:40 on December 20, 2017, which led to the two-lanes of the three-lanes in front C in front of the Sejong City, to the one half-lanes in front of the Sejong City.

Since there is a road on which signal lights and crosswalks are installed, the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle in accordance with the signals and signals so that the accident can be prevented.

Nevertheless, the defendant neglected the above duty of care and failed to proceed with the red signals in violation of the signal, and thereby led the victim D (29 years old) crossing the road from the right side of the defendant's running direction to the left side of the road to the upper part of the passenger vehicle.

As a result, the Defendant suffered from occupational negligence the injury of the victim, such as the closure of the body organs of the arms and bones requiring approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each medical certificate and opinion;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photographs, report on the occurrence of a traffic accident, and report on the occurrence of photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

3. Unfavorable circumstances: A traffic accident occurred by the defendant due to the violation of signal, which is not less than the degree of negligence of the defendant, the degree of injury of the victim, and the favorable circumstances that the defendant did not agree with the victim: the confessions and reflects his mistake, and there is no criminal punishment above the fine.

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