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(영문) 대전지방법원 2017.04.27 2017고단491
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 sports vehicle even in C.

On November 16, 2016, the Defendant: (a) parked the above vehicle on the roads and news reports in the front of the Daejeon Middle-gu, Daejeon; (b) around 17:00, and (c) began to proceed again.

At that time, there is a place where a sidewalk for pedestrian traffic is installed, and at the same time, the victim F (81) was seated in front of the Defendant’s right side of the vehicle so that it can easily walk, so there was a duty of care to safely drive the vehicle after checking whether there is a pedestrian or not.

Nevertheless, the defendant neglected to do so and was negligent in driving, and the victim's walked on the sidewalk without knowing that the fluor's vehicle is moving, was the front right of the vehicle driving by the defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the 5th head of the right-hand pelle, which is in need of approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report traffic accidents and report internal investigation;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

Unfavorable circumstances: The defendant's degree of fault and the extent of the victim's injury in light of the circumstances and contents of the crime of this case: his confession.

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