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(영문) 춘천지방법원 2013.05.16 2013고단229

교통사고처리특례법위반

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 became final and conclusive.

Reasons

Punishment of the crime

On November 21, 2012, at around 05:00 on November 21, 2012, the Defendant driven a CEX car and proceeded bypassing it from the 1st intersection of Kancheon City to the 2nd intersection of Kancheon City with three-lanes of Kancheon City.

At the time, there was a crosswalk in which signal lights are installed at night and on the front door, so there was a duty of care to prevent accidents by reducing speed and driving the signal well.

Nevertheless, the defendant neglected this and entered the crosswalk as it is, while the signal of the above crosswalk is a red signal for the motor vehicle, and the victim D (W, 46 years old) who was the right side from the right side of the defendant's running side in the vicinity of the above crosswalk was placed on the right side of the road.

The Defendant, by negligence in the course of business, suffered injury to the victim, such as flaging blood in light of the fact that there is no open room for at least three months of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Determination of a sentence] The reason for the sentencing of a traffic accident [Special Convict] under Article 62(1) of the Act on the Suspension of Execution [The Reasons for the Suspension of Execution] traffic accident in general traffic accident [including a special person] - The mitigated elements (including a serious effort to recover damage] [the decision of the recommended area] [the scope of the recommendation] one month to six months] [the suspended sentence] - The main reasons for the suspended sentence - There is no record of positive criminal punishment - In the case that the reason for the suspension of execution falls under the proviso of Article 3(2) of the Act on the Suspension of Execution of Execution - In the case of negative and other special traffic accidents