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(영문) 대전지방법원 2017.10.12 2017고단3137
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 engaging in driving a rocketing car.

On June 7, 2017, the Defendant, around 00:05, proceeded with the roads near the 259-ro, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, with the highest four-distance outflow from the four-distance outflow of the collapse.

At the time, since it is night and a place where a crosswalk is installed, there is a duty of care to prevent accidents in advance by checking whether there is a person who gets involved in driving of a motor vehicle by reducing speed and by checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim D (46 years old) and the victim E (45 years old) to the part of the Defendant’s front of the left side of the instant car.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim D, about 14 weeks to the right pelle executives in need of treatment, and the injury to the victim E in the first instance part of the left pelle part, which requires approximately 5 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis and reply;

1. Application of a survey report (1, 2) and on-site photographs-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

A disadvantageous condition: The degree of negligence of the defendant is the accident that the defendant violated his/her duty to protect pedestrians on the crosswalk.

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