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(영문) 청주지방법원 충주지원 2016.01.22 2015고단454
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On August 18, 2015, the Defendant driven the above car at around 20:06, and driven the Drenck road at the Chungcheongnam-si, Chungcheongnam-si, with the Drenck road from the tri-distance of urban bus to the jump station, the two-lanes of the two-lanes at a speed of about 50 kilometers per hour.

At the time, there is a place where a crosswalk is installed at night and there is no signal signal, so the Defendant, who is engaged in driving service, has the duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, in a case where the pedestrian is passing along the crosswalk, after checking whether there is a pedestrian who well sees the right and the right of the front and rear, and safely handles the steering gear and the steering gear.

Nevertheless, by negligence, the defendant did not confirm whether there is a pedestrian passing a crosswalk without neglecting the front direction, and found late from the left side of the motor vehicle of marinaed defendant, the victim E who dried the crosswalk to the right side of the motor vehicle of marinaed defendant, and rapided the hand by plucking it to the left side, but the body of the victim was left as it was by the part on the right side of the motor vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the right-side wall, which requires approximately 13 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, a fact-finding report, each photograph, a diagnosis report, a medical statement, a video CD, and a criminal investigation report (verification of black stuffs);

1. The defendant's negligence, such as shocking the victim of the crosswalk, for the reason for sentencing under Article 3 (1) and the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act.

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