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(영문) 대전지방법원 2017.09.07 2017고단2357
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 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 B-learning car.

On April 8, 2017, the Defendant driven the said car at around 20:50, and proceeded ahead of the D cafeteria located in Sejong City with approximately 51-56 km of Si-si, from the ethic surface of the Agricultural Cooperatives to the tent.

At the time, the vehicle speed is limited to not more than 30 km per hour as a child protection zone. In such a case, there was a duty of care to ensure that a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle, such as complying with the speed limit and living well.

Nevertheless, the defendant neglected this and did not discover the victim E (n, 45 years old) who crosses the road to port from the right side of the direction of the defendant's course due to the negligence in excess of the speed limit, and had the victim go beyond the floor by taking the body part of the victim's right side with the above vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence in light of the closed light and the pelvis that requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The E traffic accident statement;

1. A survey report on actual conditions;

1. Reports on the occurrence of traffic accidents;

1. Response to a request for appraisal - A traffic accident analysis and appraisal;

1. A medical certificate;

1. Blue boxes and CCTV video CDs;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning criminal facts, 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;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) states that there is some degree of fault (unauthorized crossing during night) of the victim in the occurrence of the instant traffic accident and the expansion of damage, the defendant is the primary offender, and the defendant agrees with the victim.

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