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(영문) 전주지방법원 2017.01.17 2016고단1813

교통사고처리특례법위반(치상)

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 a C-III truck.

On July 9, 2016, the Defendant driven the above cargo vehicle at around 19:05, and led to turn to the left at the speed of the Confucian road from the Myeon of the non-permanent Eup/Myeon where the on-and-off signal, etc. in front of Et in the former non-Gun D was installed, to the tri-distance of the Confucian School at the Myeon of the non-resident office.

Since a red light is on-and-off at the intersection, the driver of a motor vehicle has a duty of care to temporarily stop immediately before the intersection and check the traffic situation, the right and the right and the right of the motor vehicle, and to drive the motor vehicle accordingly.

Nevertheless, the Defendant neglected to temporarily stop and did not turn back to the left without having to temporarily stop the Defendant got the Victim F (16) who was coming from the right side of the crosswalk to the right side of the crosswalk to the left side of the crosswalk, and went beyond the front left side of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain cerebral typiles, and the bones of 2 mamady mady, with no wife in the two parts, which require an open treatment for about six weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. Each investigation report (in relation to attachment of a CD copy of a video-related incident, whether a victim walk outside the crosswalk, and the violation of signals);

1. A medical certificate;

1. On-site photographs of a traffic accident;

1. Application of the Acts and subordinate statutes on CDs for video-recordings;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) of the suspended sentence (the sentencing grounds shall be considered favorable to the defendant) [the scope of the recommended sentence] The mitigated area (one to eight months) of the mitigated area (the person who is specially mitigated) [the person who is not subject to punishment] and the scope of the compared sentence between the suspended sentence and the recommended sentence: January to August [the sentence]. The defendant is the defendant.