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(영문) 서울중앙지방법원 2017.09.13 2017고단3673
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 became final and conclusive.

Reasons

Punishment of the crime

On March 17, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court on March 17, 2017, and the said judgment became final and conclusive on August 26, 2017.

On February 11, 2017, the Defendant, who is engaged in driving of BPamera car, was driving the above vehicle at around 17:20 on February 11, 2017, and was driving the front of Suwon-si C in front of the Suwon-si at the flood distance protection of sperm.

The driver of the motor vehicle has a duty of care to pay attention to the safety of pedestrians crossing the crosswalk according to the traffic signals and to drive the motor vehicle because the traffic signal apparatus and the crosswalk are the intersection.

However, the Defendant neglected this and received the victim D (76 tax, female) who crosses the crosswalk in accordance with the pedestrian signals from the right-hand side of the horse to the left-hand side of the front-hand side of the front-hand side of the front-hand side of the said Defendant.

Ultimately, Defendant 1 suffered from the injury of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the 12 week.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident survey report, a investigation report (CCTV image verification), a CCTV image to confirm, and a investigation report (verification of accident images);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (the person who is specially mitigated or aggravated) (including efforts to recover damage) / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act is serious, or cases of bad driving (the decision of sentencing) is recognized and contradictory to crimes, the fact that motor vehicle insurance is subscribed to a comprehensive motor vehicle insurance.

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