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(영문) 대전지방법원 2015.04.15 2014고단3672
교통사고처리특례법위반
Text

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

except that 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 a Clearning car.

On August 31, 2014, at around 05:38, the Defendant driven the said car and proceeded by right from the middle Nena-distance side of the Daejeon Metropolitan City to the direction of Hongdo-ro.

Since the location is a road with a crosswalk on which a signal, etc. is not installed, the driver of the vehicle has a duty of care to prevent the accident by avoiding pedestrians and safely driving the accident, after temporarily stopping the vehicle in front of the crosswalk, and by checking well the right and the right of the crosswalk, the driver of the vehicle has a duty of care.

Nevertheless, the Defendant neglected to do so and got the victim D (the age of 81) who has dried the crosswalk to the right side from the left side of the running direction by the negligence, which led the above victim to go beyond the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as a ductating the right pelle, which requires treatment for about 20 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. 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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution [Consideration, such as reflectivity, the purchase of a comprehensive insurance, deposit of a considerable amount of money, and the fact that there is no specific criminal

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