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(영문) 서울중앙지방법원 2017.06.28 2017고단3065
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 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 two-wheeled vehicle B, 125cc.

The Defendant, around November 24, 2016, around 02:56, was proceeding at a speed below the other four-lanes of the new distance of active duty service in the area of the new distance of active duty service in Seocho-gu Seoul, Seocho-gu, Seoul.

In this case, the driver had a duty of care to operate in a safe way by accurately manipulating the steering system, steering system, etc. while living well on the right and the right and the right.

In particular, since the accident place is where crosswalks are installed by signal apparatus, drivers comply with signal, and protect pedestrians, due to negligence of neglecting this, the part on the right side of the victim C (the other, 30 years old) who dried the crosswalks with the front wheels of the vehicle under consideration.

As a result, the victim suffered injury, such as ‘the frame and closure of the bones of Category 2, 3, which requires eight weeks of treatment.'

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation report (related to statement of the victim), investigation report (related to the violation of signals of the suspect);

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the meaning of the recommended sentence] is serious (8 months to 2 years) in the aggravated area (the person subject to special aggravated punishment], or in the case of vehicle driving (excluding subparagraph 8) in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents, the recognition of and reflects the crime [the sentence], the first offender without any particular criminal record, the fact that the vehicle insurance is covered by the comprehensive motor vehicle insurance is a favorable condition, and the fact that the pedestrian in the crosswalk suffers serious injury due to the shock of the pedestrian in the crosswalk in violation of the signal is considered to be disadvantageously considered,

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