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(영문) 춘천지방법원 원주지원 2015.02.04 2014고단1167

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Crop vehicles.

On November 12, 2014, the Defendant driven the said car at KRW 08:00, while driving it, led to the front of the “porizontal Office” located in the official dong at the time of Won-si to the intersection from the intersection of the short-term road.

At the time, there is a crosswalk where a signal, etc. is installed, so there was a duty of care to check whether there is a person who gets involved in driving of a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded as it is, by negligence, disregarded that the vehicle progress signal is changed to a stop signal, and led to the Defendant’s shock of the left body part of the victim D (M, 36 years old) walking along the crosswalk in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the peltos which require approximately 10 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning facts constituting an offense;

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

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident and first type;

(b) Special penal persons: Aggravation factors (in cases where serious injury or illegality is serious), mitigation factors (in case where punishment is not imposed);

(c) Scope of recommendations: Aggravation, eight months to one year and six months; and

3. Determination of sentence: 8 months of imprisonment without prison labor, 2 years of suspension of execution, 40 hours of probation and order to attend a course [limited to reasonable circumstances], 40 hours of punishment, subscription to liability insurance (unfavorable circumstances].