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(영문) 서울북부지방법원 2016.05.19 2016고단260
교통사고처리특례법위반
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 124CC.

around 15:45 on October 28, 2015, the Defendant driven the off-to-face 15:45, and driven the off-road 653-lane 653-lane 10,000 in Seoul Special Metropolitan City, Nowon-gu, the Army Academy at Air, along the three-lanes of the road in the 653-lane 1,000.

Since there is a crosswalk on which signal lights are installed at a front door, there was a duty of care to check out whether a person engaged in driving of a motor vehicle has a pedestrian crossing, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded to the right side of the direction of the Defendant's Otobba in contravention of the signal while making it difficult for the Defendant to keep the victim B (59) who dried the crosswalk to the left side of the direction of the Defendant's Otobba, by taking the Defendant's Otoba, and going beyond the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the lower court’s 10 weeks left-hand ske ske and brush skes, etc., which require approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. Medical certificate (No. 8,9);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim B telephone);

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, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] is illegality in the basic area (one month or ten months from imprisonment without prison labor) (the special aggravated person] in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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