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(영문) 수원지방법원 안양지원 2014.05.20 2013고단1738
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On August 13, 2013, around 21:24, the Defendant driven a three-lane near the Dong-Jag-dong located in the Sinpo-si, Sinpo-si, Sinpo-si, with a car of the CKaren-si driving from the new exchange distance to the west-ri distance from the new exchange distance, and led to a right-hand turn to the direction of the military reception direction.

At the time, there was a crosswalk at the front of the day, so in such a case, there was a duty of care to temporarily stop or slowly stop the person engaged in driving service and check whether there is a pedestrian and to prevent the accident in advance.

Nevertheless, the defendant neglected this and continued to go beyond the floor by taking the victim D (the age of 55) as the victim D (the age of 55) from the right-hand side of the defendant's direction to the left-hand side according to the crosswalk due to the negligence of the defendant.

The Defendant suffered injury, such as 'absteone week therapy', which requires the victim to receive approximately 11 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. A traffic accident report;

1. Investigation report, site inspection, vehicle photographs, etc.;

1. Comprehensive traffic accident analysis report by the Road Traffic Authority;

1. Application of each statute of diagnosis of D;

1. The reason for sentencing under Article 3(1) and the proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act is that the defendant is old, and there is no criminal record or any criminal record of suspended execution for the same kind of crime, the defendant is led, the driver's car is covered by a comprehensive insurance and the defendant deposited five million won to the victim.

However, the defendant's negligence, which did not fulfill his duty to protect pedestrians in the crosswalk, is significant, and the victim is diagnosed as brain resistant disorders by suffering from cerebral blood, etc. as well as dystrokes that require long-term treatment due to the traffic accident in this case.

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