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(영문) 청주지방법원 2017.01.05 2016고단1402

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant driven the said car around 06:30 on June 2, 2016, and continued to drive the said car on a two-lane road, which is located in the 37-lane square of Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City, along with two-lanes of speed 20km from the Songri-do, the front side of the Hyeong-do Library, in order to ensure that the Defendant would drive the said car at around 06:30 square.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a way to see well the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, the defendant neglected this and did not discover the victim C (the age 69) who was crossing the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals by the negligence of proceeding the vehicle stop signals as it is, but did not discover the victim C (the age 69) and was placed on the right side of the victim in front of the left side of the motor vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a diversity and diversity of the right satisfaction, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation;

1. A survey report on actual conditions;

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

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, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The punishment as per the disposition shall be determined by comprehensively taking into account all the circumstances, such as the negligence of the defendant, the degree of injury of the victim, the degree of harm of the victim, the circumstances favorable to the number of times due to the violation of traffic laws and regulations: it reflects the fact that the victim has reached an agreement after the conclusion of pleadings, the support of the mothers and children, the fact that there is no criminal record exceeding the fine, the fact that the mothers and children