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(영문) 의정부지방법원 고양지원 2018.11.15 2018고단2160
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 cyber vehicle as a D.

On June 26, 2018, the Defendant driven the above vehicle around 11:20, the Defendant proceeded to turn to the left at the center from the entrance of the lake village 5 complex in front of the lake village of the 99-ro of Mangnsan-si, Seoyang-si, Seoyang-si.

At the time, a pedestrian crossing was installed in the front, and there was no signal signal, so if a person engaged in driving a motor vehicle well sees the right and the right of the front and the right of the road, there was a duty of care to stop in front of the pedestrian crossing and prevent the accident in advance.

Nevertheless, the defendant neglected to turn to the left without neglecting it and shocked the victim E ( South, 73 years old) who walked on the left from the right side of the direction of the defendant's proceeding to the left side, into the front part of the motor vehicle of the defendant's driving.

Ultimately, the Defendant suffered injury to the victim, such as kneeee knee knee fele fele fele, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to one traffic accident report (on-site investigation report), on-site photographs, each medical certificate, black booms CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] the scope of punishment [the person subject to special sentencing] for each type of general traffic accident: Reduction elements of punishment (the scope of recommended punishment]: January to August of the imprisonment without prison labor;

3. Determination of sentence: April of imprisonment without prison labor, and the crime of this case for one year of suspended execution shall be the person who has caused damage by negligence of the defendant who has neglected his duty of care and shall be treated for 12 weeks.

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