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(영문) 청주지방법원 2016.11.18 2016고단1140
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment 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 low-speed car B.

On April 11, 2016, around 08:23, 2016, the Defendant driven the said car without a driver’s license, driving the said car into one hospital on the side of the terminal distance.

On the other hand, a person engaged in driving service has a duty of care to safely drive according to the traffic signal, when a pedestrian passes the crosswalk, he/she shall temporarily stop in front of the crosswalk or in front of the stop line so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected to do so and neglected that the vehicle driving signal is changed to a stop signal, and neglected to do so, the Defendant left the left-hand side of the victim E (V, 19 years old) walking on the right-hand side of the crosswalk in accordance with the pedestrian signal crossing in the pedestrian signal.

Ultimately, the Defendant suffered injury to the victim, such as duplicating the bones, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the provisions of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the scene photograph of accidents, the investigation report, three copies of diagnosis, the register of driver's licenses, and the inquiry into the following matters; and

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act.

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