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(영문) 대전지방법원 2017.07.05 2017고단196
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence 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 CM3 car.

On December 11, 2016, the Defendant driven the above vehicle around 18:25 on December 11, 2016, and driven the road of six lanes in front of the distance of post office four lanes in the Seo-gu Seoul Metropolitan Government, Seo-gu, Daejeon, with four lanes from the four-lane direction towards the four-lane distance from the water source.

At the time, there was a pedestrian crossing in which signals, etc. are installed at night and at that time, so there was a duty of care to reduce the speed to drivers, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and tried to detect and avoid the eW50 obabababa, which is driven by the victim D (22C) who was going to the left at the right side of the Defendant’s course and cross the crosswalks, in accordance with EW50 obababa, which was driven by the victim D (22C) who was going to go to the left side of the road, but did not avoid it, and was going to the victim’s obabababa part before the right side of the Defendant’s car.

The victim suffered injury to the victim, such as a 11 week therapy and malute of L5 parts, which require approximately 11 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The case where the victim was injured by negligence in violation of the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act and caused injury requiring medical treatment for about 11 weeks, and the degree of injury to the victim is more severe than the disadvantage of the negligence and the victim, the confession and the first offender, the first offender, and the fact that the automobile comprehensive insurance is subscribed is more favorable.

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