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(영문) 전주지방법원 군산지원 2018.11.07 2018고단730
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the driver's service of AM M in the drive service.

On April 26, 2018, the Defendant driven the above vehicle on April 26, 2018, and proceeded to turn to the right in the direction of the Gamoo Park Park at the intersection near 382, which is located in the two North Gun, from the direction of the C hotel to the direction of D apartment in the direction of D apartment.

There are roads near the intersection where signal lights are installed, and crosswalks are installed in the front direction of the defendant, so in such a case, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely while complying with the signal thoroughly.

Nevertheless, the defendant neglected this and did not discover the victim E (I, 35 years old) who was crossing the crosswalk in accordance with the pedestrian signals of the above crosswalk because he or she failed to turn to the left, even though the signal of the intersection was yellow, in violation of the signal, and did not find the victim E (I, 35 years old) and received the victim from the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral typology, which does not have two wounds in need of open treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes to reports on traffic accidents, on-site photographs of traffic accidents, investigation reports (victim E telephone call), and diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures: The error is divided and reflected.

A victim through mutual aid to which the defendant has joined.

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