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(영문) 의정부지방법원 2017.10.26 2017고단3074

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 became final and conclusive.

Reasons

Punishment of the crime

On February 12, 2017, at around 05:40 on February 12, 2017, the Defendant driven the CM5 car, and maintained the E-distance in Guririri City D from the tri-si distance to the left-hand left-hand turn.

Since a crosswalk is installed at a three-distance intersection, there was a duty of care to safely drive the driver by checking the front side and the left and right of the driver.

However, the defendant neglected to turn to the left by negligence and caused the victim F (V, 64 years old) who dried the crosswalk in accordance with the pedestrian signals from the right side of the course to the left side by taking the victim F (V, 64 years old) to the front part of the above vehicle.

The Defendant suffered injury to the victim, such as the “flaging of the fladal plane”, which requires approximately 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the occurrence of a traffic accident and a written statement on the occurrence thereof;

1. Medical certificate (21 pages of investigation records);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to five years from a month of imprisonment without prison labor, the range of applicable sentences in law;

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] in the category 1 (Determination in the sphere of recommendation] [the determination in the sphere of recommendation] of traffic accidents, four months to one year.

3. In full view of the circumstances below the sentencing criteria and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, method and mode of the crime, and circumstances before and after the crime, the sentencing criteria shall be set as ordered within the scope of the recommended sentencing criteria.

- Not less than a serious reflect, not more than a stay of execution for the last 20 years, elderly health conditions are not good - The degree of injury to the victim is more severe, and pedestrians in crosswalks are obliged to protect.