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(영문) 서울중앙지방법원 2014.04.09 2014고단69
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

On December 22, 2013, the Defendant, around 19:50 on December 22, 2013, 19: (a) had the duty of care to safely proceed by examining whether a person engaged in driving service is a person who gets at a crosswalk in the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the Seoul

Nevertheless, the Defendant neglected to do so and negligently got the victim D (the age of 67) and the victim E (the age of 53) from the right side of the direction of the Defendant’s proceeding to the left side of the road, and suffered injury, such as the closure of emulative bones, which requires approximately 6 weeks of treatment to the victim D for about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A report on actual condition of traffic accidents;

1. On-site photographs and photographs of the skin vehicle;

1. Application of Acts and subordinate statutes of the Medical Certificate (D, E);

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

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

1. From April to October of the credit cooperative within the scope of recommendations given on the sentencing criteria (the traffic crime group, the type and basic area of causing traffic accidents);

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

Unfavorable circumstances: The circumstances that are favorable to the disadvantage of the victims who walked on the crosswalk, reflect their mistakes, are the primary offender, and are covered by a comprehensive insurance.

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