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(영문) 의정부지방법원 고양지원 2016.04.08 2016고단262

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 of CPoter II cargo vehicles.

On December 21, 2015, the Defendant driven the front route of the Dong-dong Hospital in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong in the direction of Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, to turn to the left at a speed of about 10

Since the place was an intersection where a signal, etc. is installed to make a left-hand turn, there was a duty of care to drive safely in accordance with the signals by checking the front side and the left and right.

Nevertheless, the Defendant neglected to turn to the left at the front left and proceeded to the left, and caused the victim D (the 80-year-old age) who was walking along the crosswalk that entered the right and left the turn to the left, and shocked the victim D (the 80-year-old age).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “a frame and closure of the body body body body felball together with a non-felring body felball (all parts) that requires approximately 10 weeks of treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as an accident site photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, ordinary traffic accident, and one type;

B. There is no special sentencing factor:

(c) Scope of recommendations: Basic area, April to October; and

3. Determination of sentence: Violation of imprisonment without prison labor for four months, violation of the suspension of execution one year [ favorable circumstances], violation of criminal punishment after 194, violation of comprehensive motor vehicle insurance, violation of signal and violation of the victim's intention not to punish the victim, and violation of the victim's injury;