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(영문) 수원지방법원 안양지원 2018.09.18 2018고단1230
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 also a person who is engaged in driving a sports cargo vehicle.

On June 23, 2018, the Defendant driven the above cargo vehicle at around 09:45, and came to turn to the right from the side of the Ansan fire station at the direction of the Ansan fire station located in the Yanyang-gu Oyang-gu, Ansan-gu.

Since there are crosswalks in front of the intersection where signal lights are installed and the left turn turn, there was a duty of care to check whether a person engaged in driving service has a way and to drive safely according to the new code.

The defendant neglected this and caused the victim C (the age of 78) who crosses the mawal crosswalk from the right side to the left side by the negligence of left-hand turn in violation of the signal, to go beyond the road.

Defendant 1 suffered approximately 12 weeks of L1 as part of L1, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Reporting a traffic accident report by the police on the defendant's legal statement C, (1) and (2) the application of the law of the medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: In the case of imprisonment without prison labor for April to one year (the scope of the recommended punishment) where the illegality in the basic area (including a person who has been specially mitigated) (including a person who has been specially mitigated) / Cases where the illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching Service is serious, or in the case of a motor vehicle accident, for a period from April to one year (the scope of the recommended punishment);

2. Determination of sentence - Determination of sentence - Agreement with the victim, agreement with the victim, the primary offender, the character and conduct of the defendant, the environment, the circumstances after the crime and the circumstances after the crime are considered.

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