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(영문) 전주지방법원 2016.08.23 2016고단497

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C carren car.

On December 30, 2015, around 22:09, the Defendant proceeded at a speed of about 50 km from the sking apartment distance to the skingm of peace in the front of the road in the E in front of the front city of Yangsan-gu of the front city of the Republic of Korea on December 30, 2015.

At the time, the passage of the front door was the night, and there was a crosswalk on which signal lights are installed at the front door. Therefore, the driver had a duty of care to look at the front door and the right and the right and the right of the driver, and to safely drive the vehicle in accordance with the new code and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim F (51) who dried the crosswalk in accordance with the Marsh 1, 200 in front of the said car, and got the victim into the front part of the said car, and caused the victim to suffer injury, such as the damage of the engine in the clothes without any diversified treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. A written statement;

1. A traffic accident report;

1. Requests for the delivery of materials, such as a traffic signal system signal tag, and the submission of traffic signal system materials (on the present chart);

1. Each written diagnosis;

1. Application of the Act and subordinate statutes to the scene of an accident (Evidence No. 2);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] is the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Education is serious (the violation of signal and the violation of signal).