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(영문) 전주지방법원 2016.12.06 2016고단1389
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 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 Crens II car.

On July 18, 2016, around 13:30 on July 13:30, 2016, the Defendant proceeded one lane at a speed of about 30 km per hour with a new apartment room from the wind middle school room to the new apartment room.

At the same time, there was a duty of care to prevent accidents by safely proceeding after checking whether there is a pedestrian due to temporary stop or slowly driving as a person engaged in driving service.

Nevertheless, the Defendant did not discover the victim E (the age of 15) who walked the crosswalk from the right side of the proceeding direction to the left-hand side by neglecting it and did not receive the victim E (the age of 15) from the front part of the said car, and suffered injury, such as the structural closure of the pelf part requiring medical treatment for about 10 weeks in front of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site and vehicle photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) of the suspended sentence [the scope of recommendation] general traffic accidents [the scope of recommendation] general traffic accidents in the area where punishment is mitigated (1 to 8 months) (the area where punishment is not imposed, 1 to 8 months (the decision of sentence): 1 to 8 months (the decision of sentence): The circumstances unfavorable to the defendant: the violation of the duty to protect pedestrians of crosswalks); the occurrence of serious injury; the occurrence of drunk injury; the occurrence of a fine for drunk driving; the previous offense favorable to the defendant; the normal circumstances favorable to the defendant; the above special mitigation factors; the comprehensive motor vehicle insurance is subscribed; the serious reflects; and there are no criminal records of the same kind; and Article 51 of the Criminal Act.

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