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(영문) 대전지방법원 2017.03.30 2017고단330
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 engaged in the business of driving a bicycle BCA10 engine device.

On October 21, 2016, the Defendant driven the above 18:10 as of October 21, 2016, and driven the three-lanes in front of the Daejeon Seo-gu Daejeon, Daejeon, with three-lanes of new shot-gu from the four-lanes of tin-gu.

Since the place has a crosswalk where signal lights are installed, in such cases, the driver has a duty of care to check whether there is a pedestrian who has a road by reducing speed and checking the right and the right and the right and the right and the right of the driver, and to drive safely in accordance with the new code.

Nevertheless, due to the negligence that the defendant neglected this and proceeded in violation of the signal, the defendant brought a bicycle on the right side of the defendant's driving direction to the left side of the pedestrian green signals and brought the crosswalk on the left side of the victim D ( South, 79 years old) with the front part of the above urba.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelvisor of the left-hand side expenses, which require approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the Act and subordinate statutes to a survey report on actual condition, a photo at the scene of an accident, and a survey report (CCTV investigation);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 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 Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

In this case, the defendant violated the signal, and the degree of negligence of the defendant is severe, and the degree of injury of the victim is more favorable.

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