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(영문) 전주지방법원 2016.09.06 2016고단652
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of the Echip car owned by D.

On April 8, 2016, the Defendant driven the said car at a speed of 19:30 on April 19, 2016, and continued to drive the said car at a speed of 1-lanes in front of the Japanese non-presidential apartment located in the Shinsan-gu Shinsan-si in the Jeonju-si.

At the same time, a crosswalk without signal lights was installed in front of the running direction, and a place where people frequent access to the area where the residence is densely concentrated. In such a case, a driver of the motor vehicle has a duty of care to check whether there is a person walking the crosswalk prior to driving the crosswalk, and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the defendant did not discover the victim F (8 years of age) who walked to the right side from the left side of the right side of the horse course due to negligence in the course of the business, which he neglected to do so, and did not discover the victim F (8 years of age) who walked to the right side of the victim, and had the victim go beyond the floor.

As a result, the Defendant caused the victim to suffer from the above occupational negligence the injury of the victim in the body frame of the right-hand body body and the body frame of the right-hand body body body in need of stability for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to evidence-related photographs (Evidence Nos. 3) at the scene of a traffic accident, investigation reports (explosive video CDs and caps and photographs attached thereto);

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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Order to attend lectures under the Criminal Act;

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