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의정부지방법원 고양지원 2016.10.14 2016고단2380

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On July 1, 2016, around 22:57, the Defendant was driving a Bschton car on the roads of three-lanes in front of the apartment complex of the Goyang-gu Bschton Village 2 Complex in Yongsan-gu, Yongsan-gu, Chungcheongnam-si, and was driving along the two-lanes in front of the apartment complex, and the Defendant was making the left-hand turn to the left-hand turn at the Ktexpex face while driving the Bsch Rexton car along one-lanes from the jurisdiction of the

At the time, there was a crosswalk where a pedestrian signal, etc. is installed immediately after the left-hand turn, so there was a duty of care to make a left-hand turn after checking whether a person engaged in driving a motor vehicle is a pedestrian crossing.

Nevertheless, the defendant neglected to turn to the left and did not avoid the victim C (V, 48 years old), the victim D (V, and 48 years old) who crossed the above crosswalk pursuant to the pedestrian signals due to the negligence of the defendant's negligence and caused the victims to go beyond the floor.

As a result, the Defendant suffered from the victim C’s occupational negligence, such as the need to give up about 12 weeks of medical treatment, pressure, pressure, and pressure, etc., and the victim D suffered injury, respectively, such as climatic salt, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) (proviso) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense (the point of injury caused by negligence in the course of business),

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, while making a left-hand turn, was injured by two victims crossing the pedestrian signal, is disadvantageous.

However, the defendant shows an attitude against the defendant, and there is no previous criminal record in the past, and all agreements with the victims are favorable.

In addition, the sentencing conditions, such as the age, character and conduct, environment, and circumstances after the crime, shall be considered.