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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2397
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 small-scale car B.

On August 4, 2018, the Defendant driven the above car at a speed of 13:55, and led to turn to the left at a speed below the speed of the Si-speed, depending on the two-lanes of the speed, depending on the flow of the hot spring basin in the area of the Gu-dong church, which has been located at the jurisdiction of the Gu-dong church.

Since there is a crosswalk in which signal lights are installed on the front side, in such a case, the driver of the vehicle has a duty of care to thoroughly see the right and the right of the front side of the course for the driver of the vehicle, to observe the signal, and to safely drive the crosswalk by safely examining whether there is a person, thereby preventing the accident.

However, the Defendant neglected to turn to the left by failing to make it and caused injury to the right side of the victim C (the 50-year-old age-old) who has a crosswalk pursuant to the pedestrian signals from the left side of the running direction of the Defendant, with the left side of the victim C (the 50-year-old age-old) who has a crosswalk pursuant to the pedestrian signals, such as the front side of the Defendant's driver's car, and suffered injury to the victim, such as the mouth of the 5-day mid

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Reporting on the occurrence of a traffic accident;

1. A traffic accident report;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes on site photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommended punishment according to the sentencing guidelines [the types of punishment] general traffic accidents, types 1 (the causing of a traffic accident) [the person subject to special aggravated punishment] under the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents [the scope of recommended punishment] increased area, the area of aggravated punishment by imprisonment without labor for not less than eight months and not more than two years

2. The defendant who is sentenced to a sentence shall drive a motor vehicle at the intersection;

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