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(영문) 서울북부지방법원 2016.10.06 2016고단2827

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 C 124cc.

On April 13:38, 2016, the Defendant was driving the off-to-land, and the Seongbuk-gu Seoul Metropolitan Government D was driving from the long long distance to the long-distance market, and was moving to the right direction of the north Seoul Blue Forest in front of the long-distance post office.

At the same time, there are crosswalks, so in such cases, the driver of the off-to-land has a duty of care to temporarily stop on the crosswalks, and to check whether there is a person who gets a way to check the front side and the right and the right and the right and the right and the prevent the accident in advance.

Nevertheless, the defendant did not temporarily stop on the crosswalk, and the defendant did not look at the front side properly and proceeded with the bridge of the victim E who walked on the crosswalk from the right side of the defendant's way to the left side.

The Defendant suffered injury, such as a ductal frame, etc., by occupational negligence, to the victim for approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Unfavorable circumstances for sentencing of Article 62-2 of the Social Service Order Act: The above sentence shall be imposed in consideration of the following circumstances: The victim's serious injury is against good condition: the victim's punishment was imposed once due to the violation of the Establishment of Homeland Reserve Forces Act; the victim's deposit of KRW 3 million to the victim; and the victim's age, character and conduct, environment, family relationship, etc.