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(영문) 전주지방법원 2016.11.22 2016고단1310
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 who is engaged in driving a B M& car.

On July 18, 2016, the Defendant driven the said car at around 08:20, and proceeded two lanes in front of the Hosan-gu Seoul apartment at the time of Jeonju-si at about 40km each hour from Hongsan-si along two lanes.

Since signal lights are installed on the front side of the road at the crosswalk, there was a duty of care to ensure that a person engaged in the driving of a motor vehicle complies with signals and safely drive the crosswalk after checking whether there is a pedestrian.

Nevertheless, the Defendant neglected this and found the victim D (at the age of 15) who dried the crosswalks from the right side of the defendant's running direction to the left side of the road to be the left side of the pedestrian signal, and received the victim with the front part of the above vehicle's right side, and caused the victim to suffer the injury, such as the downhead of the fright and the downhead of the non-permanent part, which require about 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicles involved in accidents and photographs at accident sites;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 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. The reason for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) of the suspended sentence [the scope of recommending sentence] general traffic accidents (the scope of recommending sentence) and the basic area (4-1 year) of the type 1 (the injury caused by traffic accidents) (the special mitigation) [in a case where illegality is serious (excluding a special mitigation] under Article 3(2) (proviso) (excluding a violation of signal and pedestrian crosswalk protection obligation) of the Special School Regulations (the violation of signal and pedestrian crosswalk protection obligation): 4-1 year (the decision of sentencing). The above circumstances are unfavorable to the defendant.

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