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(영문) 의정부지방법원 고양지원 2016.09.22 2016고단1294

교통사고처리특례법위반

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On April 17, 2016, the Defendant driven the off-to-face 20:04, and turned to the left the left at about 30 km speed from the front 86-ro Mayang-gu, Seoyang-gu, Goyang-gu to the front 86-ro 12, Goyang-gu.

At that time, there was a place where signal lights and crosswalks are installed, so in such a case, there was a duty of care to prevent accidents in advance, such as checking whether there is a pedestrian crossing while driving in accordance with the new code.

Nevertheless, the Defendant, by negligence in violation of the right-hand turn signals, caused the victim C (I, 28 years old) who dried the crosswalk to the port from the right-hand side of the direction of the Defendant Otoba in line with the right-hand turn-on signals to the right-hand side of the Defendant’s Otoba.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the th, third, and fourth th, to the right side requiring treatment of approximately six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant accident on the ground of sentencing in Article 62-2 of the Criminal Act is a serious fault that the Defendant committed a violation of the duty to protect pedestrians on the signal and crosswalk, and the victim’s injury is a serious disadvantage to the Defendant.

However, since the accident has been covered by the liability insurance, insurance money is paid to the victim, the defendant's circumstances leading to the accident in this case, the defendant's occupation, age, sexual behavior, environment, etc. shall be considered.