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(영문) 대전지방법원 2016.04.27 2016고단236
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the operation of Cystren's car.

On September 12, 2015, the Defendant moved bypassing the road of two-lanes in front of the E cafeteria, which is located in Daejeon-gu, Daejeon-gu, Daejeon-dong, to the speed of the Simnasian speed from the side of the Gyang Park, along two-lanes from the side of the Nyang Park.

It is the place where a crosswalk with signal lights is installed on the right side of that place.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether he/she has a person, and to check whether he/she is safe when driving a crosswalk.

Nevertheless, the defendant is a right-hand bypass, and the body part of the victim F(8 tax) and G(9 tax) with a crosswalk pursuant to the pedestrian signals was entirely side of the vehicle under the victim F(9).

As a result, the Defendant suffered from the negligence of the above business to the victim F, such as the shoulder that requires approximately 2 weeks of care, the string of the arms, and the string of the arms, and the string of the left-hand pelf, which requires approximately 12 weeks of care to G.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The degree of negligence is severe due to the occurrence of an injury to the victims walking on the crosswalk in accordance with the pedestrian signals, and G is about 12 weeks of injury due to the occurrence of an injury requiring medical treatment, which is favorable to the extent of injury: The decision of the sentence that the victims are not subject to punishment, and that the victims are entering into a comprehensive motor vehicle insurance policy, confession, and reflects the age, sex, environment, motive, means, and consequence of the crime;

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