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(영문) 전주지방법원 2016.06.07 2016고단164
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 a CF car.

On January 8, 2016, the Defendant made a left-hand turn to the left-hand turn to the right-hand turn in the direction of a sand-resistant market, while driving in the direction of the sand-resistant market, depending on the three-lane road in the direction of the sand-resistant market, located in the direction of the labor office, in the direction of the sand-resistant market.

In this case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk and safely drive the pedestrian walking along the crosswalk in order to prevent the accident in advance.

Nevertheless, when the defendant neglected to make a left-hand turn as it is, the defendant received from the right-hand side of the victim F (the 66-year old age), which was a pedestrian green signal, the left-hand side of the victim F (the 66-year age), which was a pedestrian green signal, from the right-hand side of the last day of the car where the defendant drives.

Ultimately, the Defendant caused the victim by such occupational negligence to suffer injury, such as the suppression of pressure No. 3 at the 12 week medical treatment and treatment, and the denial of the side of the left slots, in need of stable medical treatment and treatment within approximately 6 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report, a traffic accident occurrence report, and on-site photographs;

1. A report on internal investigation (related to telephone statements on the circumstances of an accident by a witness);

1. Information about the intersection operation;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act shall be the type of general traffic accident.

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