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(영문) 의정부지방법원 2016.04.21 2016고단225

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight 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 a B-learning car.

On November 29, 2015, the Defendant driven the above car at around 05:30 on November 29, 2015, and led to the left-hand turn from the fourth parallel of the Greenyang to the right-hand turn.

Since there is an intersection where a signal, etc. is installed, it is necessary to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by checking the front side well and to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, when the defendant neglected to turn left due to the negligence of violating the signal, the defendant received the victim C (69) and the victim D (65 years old) in front of the passenger car of the defendant, who dried the crosswalk in accordance with the pedestrian signals.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and injury to the victim D, such as cutting down or closing of the bones of moto, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of video-related Acts and subordinate statutes by cutting a black boom;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The instant accident, in violation of the signal, is serious in its illegality, since it has shocked pedestrians on the crosswalk, the degree of injury inflicted on the victim D is significant, the circumstances favorable to the defendant who has the same criminal record: the defendant's mistake is divided, reflected, and reflected.