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(영문) 대전지방법원 2015.04.24 2015고단551
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 car in Cknife.

On January 20, 2015, the Defendant driven the above car on January 20, 2017:15, leading the road front of the crosswalk in the flinagu, Seo-gu, Daejeon to the Painagu, Pari-gu, Pari-gu, Pari-gu, Pari-gu.

At the same time, there is a crosswalk, so in this case, the driver engaged in driving of the motor vehicle has a duty of care to check whether there is a person who gets involved in driving the motor vehicle to reduce the speed and to live well on the front side and the right side, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and caused the victim D(80 years of age, female) to stand the crosswalk in front of the defendant's vehicle.

Ultimately, the Defendant suffered from the Defendant’s injury, such as the pressure frame No. 1, which requires approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1)

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

1. Where the illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommendation] is serious in the area of aggravation (8 to 1.6 months), the area of aggravation (the injury caused by traffic accidents) [a person under special circumstances] of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents [a decision of sentencing] where a defendant gets on a crosswalk is heavy by fault of the victim, and the victim complains

In light of the circumstances that the Defendant had been punished by causing a traffic accident even before the instant case, such as the fact that the Defendant was not covered by a comprehensive insurance and that there was a severe penalty on the part of the victim, the Defendant is difficult to avoid punishment.

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