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(영문) 대전지방법원 서산지원 2019.08.14 2019고단331
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B-learning car.

On January 15, 2019, the Defendant driven the said car as a job around 15:00 and continued to drive the front road of Seosan City from D to E-section.

Since there is a place where a crosswalk without signal lights is installed, in such a case, the driver has a duty of care to temporarily stop or reduce the speed at the place where the crosswalk stop line is installed, and to check whether there is a person to walk the crosswalk well, and to safely drive the crosswalk to prevent the occurrence of an accident.

Nevertheless, the Defendant neglected this and proceeded with the victim F (7 years old) who crossed a marina due to negligence in driving the crosswalk as it is, the Defendant's vehicle's front part (7 years old).

Ultimately, the Defendant suffered injury to the victim, such as a lavating 2nd part of the closed L2, which requires approximately 10 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to de facto survey reports, CCTV video CDs, and diagnostic certificates;

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. The reason for sentencing under Article 62(1) of the Criminal Act is large enough and the victim's injury is serious.

However, the defendant agreed with the victim and subscribed to a comprehensive insurance policy.

Defendant is an initial offender who has no criminal record.

The punishment shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.

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