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(영문) 춘천지방법원 2016.07.22 2016고단520
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 a car in the B SP area.

On April 25, 2016, around 20:50, the Defendant driven the said vehicle at a speed of about 50 km at a speed of about 50 km, when driving the said vehicle on the road in front of the “D gas station”, which is located in an insular city C or below, from the long-distance slope to the efficial square.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected to do so, neglected to do so, neglected to walk on the front side, and did not find out the victim E (W, 77 years old) who crossed the crosswalk to the right side of the front side of the front side, and had the victim use it on the floor by shocking the front part of the above vehicle to the right side side of the victim.

Ultimately, the Defendant suffered, due to the above occupational negligence, the opening frame at the bottom of both the left and the necessary aggregate, which requires approximately 12 weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The E statement (statements on the occurrence of traffic accidents);

1. The actual survey report and on-site photographs;

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

1. Relevant legal provisions concerning criminal facts, 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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of crimes] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] in the case of bodily injury from among the types of traffic crimes (special mitigation factors] punishment non-specific aggravations (special aggravation factors] [the scope of the recommended punishment] from April to one year without prison labor;

2. The instant traffic accident by gross negligence, that the defendant who is sentenced to the sentence, is in violation of the duty to protect pedestrians in the crosswalk.

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