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(영문) 수원지방법원 2017.11.14 2017고단5257
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in the operation of a vehicle with sond vehicle of C.

On July 9, 2017, the Defendant driven a hurburged car around 00:15, and driven the front road of the E Hospital in Suwon-gu, Suwon-si, Suwon-si, and proceeded along the two-lanes among the five-lanes of the Sudo 5 lanes with the view to the shooting distance outflow in the remote distance.

At the time, there are nights, and there are crosswalks where signal lights are installed in the intersection, so there was a duty of care to observe the signal and safely proceed by checking well the right and the right.

Nevertheless, the Defendant neglected this and caused the Victim F (Woo, 42 years of age) who was a victim of a crosswalk in accordance with the Madern, by negligence in violation of the signal even though it was a red signal, to shock the front part of the Aburged car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the period of 10, 12 months for which treatment for about six months is required.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by the F;

1. A survey report on actual condition (1) (2);

1. Application of investigation reports (No. 15 of the evidence list), diagnosis reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the types of decisions] is [the scope of the recommended punishment], traffic crimes, general traffic accidents, types 1 (the injury resulting from a traffic accident) [the person subject to special sentencing] mitigated factors - the aggravated aggravated factors of punishment - Where serious injury occurs, the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of signal signals, the violation of duty to protect pedestrians at crosswalks] [the scope of the recommended punishment] increased area, eight months or

3.The decisions of sentence shall include the following circumstances:

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