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(영문) 대전지방법원 2013.10.07 2013고단2573
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor 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 Obane.

On April 5, 2013, the Defendant, on April 21, 2013, continued to proceed one way in front of the 'Yaeng-gu, Daejeon District Elementary School', which was a common movement in Daejeon-gu, Daejeon, at a eternal speed from the boundary of the relevant university.

However, since crosswalks are installed on the front of the direction of the proceeding, in such cases, the person engaged in driving service has a duty of care to check whether there is a pedestrian in the crosswalk and drive safely by reducing the speed of the person engaged in driving service and by properly examining the front left.

Nevertheless, the Defendant neglected this and got the victim C(78 years old) walking along the crosswalk to the port from the right side of the crosswalk due to the negligence of going on, and caused the victim to go beyond the road due to the shock.

Therefore, the Defendant suffered injury, such as the upper half of the upper half of the upper half of the body in need of treatment for about eight weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on traffic accident (report on actual condition of traffic accident 1, 2);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In the instant accident on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the negligence of the Defendant and the degree of injury suffered by the victim are relatively large. However, in full view of the fact that the Defendant’s Obama is covered by a comprehensive insurance, the primary offender is the Defendant’s age, character and conduct, family environment, and other various circumstances that serve as the conditions for sentencing, including the Defendant’s age, character and conduct, the background of the crime

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