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(영문) 수원지방법원 안양지원 2019.06.19 2019고단800

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2019, at around 07:56, the Defendant was driving a B Lone Star Co., Ltd., and was driving directly in the direction of a golf course in the direction of a golf course in the direction of C apartment, the two-lanes in front of the three-lane distance of GS25 GS25, which is located 427-gil, as the city interest rate, in the middle of the game.

On the other hand, there was a crosswalk where signal lights are installed at the front door, so in such a case, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected the part on the right side of the victim E (the age of 27) to build the way to the right side on the left side by using the crosswalk in accordance with the pedestrian signals due to the negligence of driving the vehicle in front of the stop signal as it is.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, 12 weeks of medical treatment, such as an unstable emission frame, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of the occurrence of E traffic accident;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;

2. Scope of sentence according to the sentencing guidelines [the determination of types] of general traffic accidents (the injury of a traffic accident) - The mitigated element: Punishment not (including serious efforts to recover the damage) - The aggravated element: Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;