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(영문) 수원지방법원 안산지원 2017.12.05 2017고단3056
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 20, 2017, the Defendant driven the above car at around 08:00, and proceeded the front road C at the time of the Sihung-dong community service center to the tri-dong distance from the new-dong community service center.

At that time, a crosswalk without signal lights was installed. In such a case, there was a duty of care to check whether there was a person who gets involved in driving of a motor vehicle to reduce the speed and to check well the right and the right of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not properly confirm whether there is a person to walk the crosswalk, and instead caused the victim D, who crosses the crosswalk to the right side from the left side of the vehicle driving by negligence on the road in the direction of the vehicle driving by the Defendant, to the front part of the above vehicle, and continued to drive the said vehicle, and caused the damage to the said vehicle by negligence going through the accelerator in the electric field, which led to the failure to properly operate the gale and the gake, and thereby caused the damage to the said vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., sugars without any room in the two markets where approximately 12 weeks medical treatment is open.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. A traffic accident report;

1. Application of each statute on photographs;

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 selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) in the mitigated area (including specially mitigated persons), the punishment is not imposed (including efforts to recover damage), and the victim suffers from the instant traffic accident.

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