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(영문) 대전지방법원 홍성지원 2018.11.28 2018고단630
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 Bmer truck truck truck truck truck vehicle.

On February 13, 2018, the Defendant continued the intersection of D in front of the Sinnam-si C around 20:35, from the jurisdiction of Gangdong-gu Seoul, to the jurisdiction of the U.S.riri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

On the one hand, there is a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a right to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim E (the 27 years old) using the crosswalk in accordance with the pedestrian signals and did not find the victim E (the 27 years old) with the left front of the freight of the Defendant, even though the signal is changed to a stop signal.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment, and thereby, caused the victim’s 1-5 metives to the right side of the victim to permanently lose their status due to trauma cutting. As such, the Defendant suffered injury among the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A medical statement (whether serious injury is inflicted);

1. A traffic accident report, a survey report, and an accident scene photograph;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes (E);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the 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 concerning criminal facts;

1. Selection of a credit cooperative;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances considered as the reasons for sentencing shall be considered):

1. The crime committed in violation of the reason of sentencing Article 62-2 of the Criminal Act and the duty to protect pedestrians.

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