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(영문) 전주지방법원 2013.05.01 2013고단267
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a CNS car.

On September 25, 2012, the Defendant driven the said car on September 25, 2012, and driven the said car on the road of the third line of the B&P, which is in the Jinjin-gu Seoul Metropolitan City at the time of Jeonju, toward the side of the Jinjin Police Station at the Seogjin-gu, Seogjin-gu, and proceeded at about 60km each hour according to the two-lanes.

At the time, a crosswalk is installed at night and at the front, a yellow flickering is operated, so there was a duty of care to check whether a person engaged in driving service is a person who gets a way to reduce the speed and check the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, when the Defendant neglected to do so and did so, the Defendant did not discover the victim D (year 46) crossing the road adjacent to the crosswalk from the right side of the car driving of the Defendant to the left side of the crosswalk, and did not get the victim to go beyond the ground.

Ultimately, the Defendant suffered a serious injury to the victim due to the above occupational negligence, such as blood transfusion, etc. from a fluence of external wound which requires medical treatment for the number of days.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to state opinions and investigation reports on the victim status of the doctor in charge;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. Sentencing Criteria for Traffic Offenses [Determination of Punishment] Traffic Crimes, Type 1 (Bodily Injury resulting from Traffic Accidents) among general traffic accidents] - In the area of aggravation [Determination of the recommended area] / [Determination of the recommended area] / [Determination of the recommended area] 8 months to one year and six months [General Sentencing] - Reduction element (Deposit of the equivalent amount, subscription to motor vehicle comprehensive insurance, and no history of criminal punishment] - Suspension of execution of sentence.

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