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(영문) 수원지방법원 안양지원 2017.06.30 2017고단474
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 February 1, 2017, the Defendant driven a village shuttle bus around 23:37, and moved to the right bypassing the intersection of the school shuttle distance of 182, as it was in Ansan-si, from the private road of the Gu, during the course of the Anyang-si.

At the time, the crosswalk was installed at night, and at the front door, so the driver of the motor vehicle had a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian when the pedestrian is traveling along the crosswalk.

Nevertheless, the Defendant neglected to do so and proceeded as it is, and the victim D (V, 36 years old) who was a crosswalk for the pedestrian safety of the Mamain pedestrian, was put up with the front door of the village bus.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting down abandonment on the right side, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A traffic accident report and an investigation report (CCTV images to take off at the scene of an accident);

1. A medical certificate;

1. Application of statutes on the site and vehicle photographs;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (the following sentencing conditions are favorable) takes full account of the sentencing [the scope of recommended sentences according to the sentencing guidelines] - The mitigated area of the first type of general traffic accident (the injury by traffic accident) (one to eight months from the imprisonment without prison labor): The person who is subject to special mitigation of punishment is not subject to punishment (the decision of sentence] in June of the imprisonment without prison labor for a period of two years, the degree of negligence of the defendant or the degree of the injury of the victim, and the criminal records of the same kind of fine in around 2000. However, even though the defendant is not subject to punishment, the defendant is against the old age of 70, and the victim is willing to be punished against the defendant.

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