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(영문) 서울북부지방법원 2017.02.09 2016고단4911
교통사고처리특례법위반
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 who drives a car B 2.0 Do, on duty.

On June 5, 2016, the Defendant driven the above-mentioned vehicle around 07:47, and led to turn to the left from the middle intersection of Seoul Jung-gu to the middle intersection of the ditch.

On the other hand, a person engaged in driving of a motor vehicle has a crosswalk on which a signal, etc. is installed, and the person has a duty of care to check whether or not he/she has a person to wear a crosswalk for temporary suspension, and to safely proceed.

Nevertheless, due to the negligence of the defendant's left left-hand turn, the lower part of the victim D ( South, 45 years old) crossing the crosswalk of the pedestrian crossing was shocked by the left-hand corner of the above vehicle, and the victim suffered approximately eight weeks of treatment, such as the amount of the right-hand gate and the mouth of the right-hand leg that require the victim to be treated for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Report on a traffic accident (report on actual condition investigation) and report on the occurrence of a traffic accident;

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Services Criminal Act: The circumstances favorable to the fact that the defendant does not make any effort despite being injured by the victim for about eight weeks of medical treatment: The fact that the defendant is aware of the crime of this case, the vehicle of this case is insured by the comprehensive motor vehicle insurance, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, environment, means and consequence of the crime, etc., shall be determined by taking into account the various factors of sentencing as indicated in the arguments of this case, including the circumstances after the crime.

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