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(영문) 전주지방법원 2019.05.24 2018고단2535
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

At around 18:00 on November 24, 2018, the Defendant proceeded at the speed from the riside of the two-lane road in the front of the Damart-gu Seoul Metropolitan City, the two-lanes of the Damar-gu, the Emar-gu, the U.S. At the speed of the Emargu.

Since a crosswalk is installed, in such a case, the driver has a duty of care to prevent accidents, such as temporary suspension in front of the crosswalk or the stop line, so as not to obstruct the crossing of the pedestrian or endanger the pedestrian, when the driver is well able to see whether there is a pedestrian on the crosswalk.

Nevertheless, the defendant neglected this and caused the victim F (10 years of age) who is travelling the above crosswalk to the right side from the left side of the course due to the occupational negligence of the defendant's negligence, and caused the victim to suffer the opening of the right-hand pelup, which requires approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is that the defendant is heavy in negligence and is serious in injury to the victim.

However, considering favorable circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, the sentencing conditions like the order shall be determined by comprehensively taking into account all of the following factors: the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc.

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