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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단1593

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 of CSP car.

At around 16:30 on June 9, 2014, the Defendant moved to the direction of the gold village distance from the right line to the distance of gold village from the right line to the right line from the right line.

At that time, the vehicle signal at the front of the road was a green, so the driver of the road at the front of the road at the time was temporarily stopped according to the new code, the driver of the road at the front of the road at the time was obliged to safely drive the road after checking whether there is a pedestrian with the front right, and the driver of the road at the front of the road at the time had a duty of care to safely drive the road after checking whether there is a pedestrian with the front right.

Nevertheless, the defendant neglected this and entered the crosswalk as it is, due to the negligence of entering the crosswalk beyond the red signal stop line, received the victim D (17 years old) who has dried the crosswalk from the front right side of the defendant's vehicle from the front right side of the vehicle according to the pedestrian signals from the front side of the defendant's vehicle as the front side of the defendant's vehicle, and caused the victim to leave the road surface.

Ultimately, the Defendant suffered injury to the victim, such as double alleys, which require approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition and a medical certificate;

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order: Traffic crime, general traffic accident, Type 1 (Bodily Injury of traffic accident), basic area of the imprisonment without prison labor for a period of four months or more to ten months has inflicted serious bodily injury upon a victim who flicked a crosswalk pursuant to a pedestrian's new subparagraph in violation of the said subparagraph, and the victim's family has suffered from a post-treatment.