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(영문) 대전지방법원 2017.06.08 2017고단468
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 bicycle B 100cc motor device.

On August 19, 2016, the Defendant driven the off-to-face 15:03 above, and driven the off-to-face 15:03, the Defendant proceeded two lanes in front of the post office located in Sejong-si 12:3, in front of the office located in Sejong-si, Seoul Special Metropolitan City, with approximately 30km in speed, toward the south side of the west-to-west.

Since the place is installed on the front side, there was a duty of care to safely drive the front side, such as well-beinging the front side.

Nevertheless, the defendant neglected this and got the victim to go beyond the ground by taking the side of the bridge of the victim C (V, the age of 11) who cross the crosswalk due to negligence.

Ultimately, the Defendant suffered approximately 10 weeks of treatment from the above occupational negligence, resulting in the closure of the body body body of a broad bridge that requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, site photographs of accidents, and reports on the occurrence of traffic accidents;

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. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.

The circumstances that are disadvantageous: the accident that occurred in violation of the duty of pedestrian protection on the crosswalk, and the degree of fault of the defendant, the degree of injury to the victim, and the favorable circumstances that are favorable to the victim, are against his mistake while making a confession, and the liability insurance is subscribed.

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