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(영문) 전주지방법원 2017.01.24 2016고단1652
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a Csch Rexton car.

On June 20, 2016, the Defendant driven the above vehicle at around 04:40 on June 20, 2016, and made the front of the previous youth church, which is located in the 172-ro, Sugjin-gu, Soon-gu, Seoul, to turn to the left from the right edge of the front line.

On the front of that place, a signal apparatus operates and a crosswalk is installed, and thus, a person engaged in driving a motor vehicle has a duty of care to observe the signal and to check whether or not there is a person standing the crosswalk, and to use the brake and steering gear accurately to prevent accidents.

Nevertheless, the Defendant neglected this and did not look at the right and the right and the right and the right and the right and the right and the victim D (the age of 77) who dried the crosswalk in accordance with the Ma-Mad Pedestrians' Signals was placed in the front part of the left side of the car of the Defendant driving.

As a result, the Defendant caused the above occupational negligence and suffered injury to the victim, which requires approximately 13 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs, Ma1 Track video images;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended punishment] is serious in illegality in the basic area (four months to one year) of the type of traffic accident (the person subject to special aggravated punishment) [the person subject to special aggravated punishment] of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases of School Traffic (the violation of signal and the duty to protect pedestrians at crosswalks] (the duty to protect pedestrians).

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