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(영문) 전주지방법원 2016.12.13 2016고단1575
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On July 14, 2016, the Defendant driven the said car at around 23:25, driving the said car, leading the roads in front of the Agricultural Cooperative Federation, which is located in the Chungcheong route in the Yansan-gu, Jeonju-si, Jeonju-si, to the Military Manpower Administration, a speed of about 40km per hour, depending on the official distance room from the official distance room to the military Manpower Administration.

Since a crosswalk is installed, in such a case, there was a duty of care to safely drive the crosswalk by checking whether a person engaged in driving the motor vehicle has a duty of care to safely drive the crosswalk by reducing speed and by properly examining the right and the right and the right of the motor vehicle.

Nevertheless, the defendant did not discover the victim D (year 64) to the right side from the left side of the defendant's proceeding direction by neglecting this and did not discover the victim D (year 64) and had the victim go beyond the road by shocking the victim's right side to the right side of the said vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the deprivation of the body part of the non-abstinence in detail, which requires approximately eight weeks medical treatment.

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. On-site and vehicle photographs;

1. Application of the Acts and subordinate statutes on blackbox CDs;

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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] general traffic accidents in Article 62-2 of the Criminal Act (the scope of recommending sentence] shall be limited to the mitigated area (one to eight months) (special mitigation) (the punishment of a person who is not subject to punishment): One month to eight months [the sentence] - The ordinary circumstances unfavorable to the defendant: pedestrians at crosswalks which are the illegality of traffic accidents.

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