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(영문) 의정부지방법원 2018.12.12 2018고단2590

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On April 17, 2018, the Defendant was a person who is engaged in driving of DD-free cars. On April 16:17, 2018, the Defendant used the said car to drive the said car and transferred it to the meltyangdong Sports Center in accordance with the fourth-lane of the front E-lane at the time of the Government, along the four-lanes, to the meltyangdong Sports Center, by an occupational negligence in violation of the red suspension signal and caused the Defendant’s driver’s injury to the victim F (V, 9 years old) who was crossing the crosswalk from the left side of the crosswalk to the right side of the meltyangdong Sports Center in accordance with the red suspension signal.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. A statement of victim of the F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, etc. of Specific Traffic Accidents) (Article 4-1) (Article 3(1) of the Act on the Punishment, etc. of Specific Crimes (Article 3(2) proviso (excluding Article 3(8)) of the Act on the Punishment, etc. of Specific Crimes (Article 3(2) proviso (Article 3(2) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents)

It was diagnosed that the degree of injury suffered by the victim is serious, it is deemed that it has not been completely recovered until now, and that the change may occur in the course of its growth.

However, the damage was restored and the parents of the victim were fully agreed.

The defendant's vehicles are covered by comprehensive insurance and the defendant has no record of criminal punishment.