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(영문) 의정부지방법원 2014.06.10 2014고단565

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of sentencing.

Reasons

Punishment of the crime

On December 6, 2013, around 08:20 on December 6, 2013, the Defendant was a person who is engaged in driving Cone Star Car, and the Defendant was driving bypassing to the single village distance from the single apartment room to the single village distance.

There are crosswalks where signal lights are installed on the front door, so in such cases, there was a duty of care to confirm whether the driver of a motor vehicle has a person who gets a walk by reducing the speed and by properly examining the front door, and to safely drive the motor vehicle according to the traffic signal to prevent the accident from spreading.

However, while the Defendant neglected to perform the above duty of care, he did not find the victim D (the age of 64) who cross the crosswalk from the left-hand side to the right-hand side according to the pedestrian's signals and did not get the body of the victim to go beyond the victim's right-hand edge by the front-hand top of the Lone Star passenger car, and went beyond the victim's right-hand edge with the front wheels.

The Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting off the right legle, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of the practical survey report, field photographs statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] from April to October, the basic area [the person who is a special person] of the first type of traffic accident (the person who is injured by traffic accident] is mitigated and there is no person under mitigation (the sentence of sentence], 8 months of imprisonment, 2 years of suspended execution, and 160 hours of community service work, the accident of this case in the above sentencing person was committed by the defendant, because the defendant's attacked the victim of the pedestrian crossing, and the degree of the victim's injury is serious.