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(영문) 청주지방법원 제천지원 2015.09.17 2015고단347
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 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 Obaba in C.

On June 8, 2015, around 11:35, the Defendant proceeded two lanes in front E, which are located in Seocheon-si D, in accordance with the direction of the river basin, along the two lanes.

Since the place has no signal signal lights on the front side, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering direction and brake system and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not discover the victim F (57 years of age) who crosses the crosswalk from the right side of the driver's right side of the Defendant's vehicle to the left side, and did not find the victim F (57 years of age). The victim was shocked to the front part of the above Otoba, so that the victim exceeded the floor.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the upper body of the body to the right, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, G, and H (Simplified traffic);

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

1. A medical certificate (F);

1. Application of Acts and subordinate statutes to photographs, ctv images and photographs at the scene of the accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. Scope of recommendations based on the sentencing criteria: April to October (decision of type) of general traffic accidents: There exists no basic area ( April to October) (special person) (special person).

3. The defendant who is sentenced to sentence shall cause a traffic accident in a crosswalk; and

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