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(영문) 광주지방법원 순천지원 2017.01.11 2016고단1545
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On June 18, 2016, the Defendant, who is engaged in driving a car B, was going to go to the Heak Scus 2 complex in the middle of Heak Scus 1 complex in the middle of the 101-ro YYY 101 in the middle of the 108-dong YYYYYYYYYYYYYYYYYYYYYYYY 13:20 on June 18, 2016.

At this place, a person who is engaged in driving duties with a crosswalk installed has a duty of care to check whether there is a pedestrian, and to safely drive the crosswalk.

Nevertheless, the Defendant, without putting the front side properly, is driving on the right side of the direction of the course, and the Defendant was faced with the victim C (here, 16 years old) with the right side of the crosswalk.

As a result, the Defendant caused the victim to suffer injury by his occupational negligence, such as the left-hand majority of the executives who need approximately 14 weeks medical treatment.

Summary of Evidence

Application of the Act and subordinate statutes to the defendant's legal statement C reporting on the occurrence of a traffic accident in the police statement protocol, the actual investigation report, and the accident type photograph photograph report

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents Act / [Determination of sentence] The basic area of the first type (in April to one year) of traffic accidents (the determination of sentence] / The primary crime is the defendant's misjudgment, the defendant's vehicle is a comprehensive motor vehicle insurance policy, taking into account favorable sentencing factors such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., and the punishment shall be determined in consideration of sentencing conditions such as the defendant's age, sexual behavior, environment, and circumstances after the crime.

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