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(영문) 대전지방법원 공주지원 2013.04.19 2013고단40
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 a NAS car.

On September 1, 2012, the Defendant driven the said car on September 1, 2012, and driven the two-lane road of the distance of death in the Eup/Myeon located in the Cheongyang-gun, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

In this case, the defendant engaged in driving of the motor vehicle has a duty of care to pay attention to the safety of pedestrians and safely drive the motor vehicle, because he/she was a road with a crosswalk, and at the time, he/she was in the state of pedestrian driving signal.

Nevertheless, as a result of the defendant's neglect of doing so, the defendant did not find out that the victim C (the 35 years old), who dried the crosswalk, became aware of the victim D (the 4 years old) and flicked the victims as the front part of the defendant's car.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim C, such as a scarcity scarcity, which requires approximately 12 weeks of treatment, and the victim D suffered from the scarfy of the double wall that requires approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Each written diagnosis;

1. Application of statutes on site photographs;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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