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(영문) 의정부지방법원 2018.07.06 2017고단4738

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 of CSP car.

On July 9, 2017, the Defendant driven the above car at around 10:10, and proceeded bypassing the two lanes prior to the city of parliamentary government along the two-lanes from the chill road to the west circulation.

Since there is a road on which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the motor vehicle and the right and the right of the motor vehicle, and to safely drive the motor vehicle to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and proceeded to stand the crosswalk from the right side of the course to the left side of the victim E (the age of 58). However, the Defendant received the front part of the right side of the said car.

Ultimately, the Defendant suffered from the victim’s negligence in the course of performing the above business as a result, as a result, the injury of abandonment in light of the left-hand side in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered in light of the favorable reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and injury (one type) caused by traffic accidents (the person subject to special sentencing] mitigation elements: Non-existence of punishment (the scope of recommended punishment] for one month to eight months (the area of mitigated punishment).

3. Determination of sentence: A sentence of imprisonment without prison labor shall be imposed, taking into consideration the following facts: six months of a credit cooperative, two years of a stay of execution, the fact that serious injury to the victim has occurred, and that the defendant has a record of punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2016;