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(영문) 전주지방법원 2013.04.24 2013고단17
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

around 17:45 on October 27, 2012, the Defendant driven a Caloneone Star or 6 Balone, and led to the two-lane road in front of the virtue of the virtue vibration located in the Seojin-gu Seoul Metropolitan City, Seojin-gu, Seoul, along with one-lane to the recommended intersection from the Seodong-dong.

Since a crosswalk is installed, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to check whether there is a pedestrian who walks the crosswalk well by checking the front side and the left side of the motor vehicle and to safely drive the crosswalk.

Nevertheless, the Defendant neglected this and did not properly go through the front-time, led the bicycle, cut the bicycle on the front-hand side part of the victim D (ma, 66 years old) with the front-hand part of the above vehicle, and caused the victim beyond the floor, thereby causing injury to the victim, such as cutting off the upper part of the upper part of the upper part of the bicycle which the victim should provide treatment for about 11 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident actual condition survey report and photographs;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that relief measures have been taken after an accident, that has made a serious effort to recover damage by depositing a considerable amount of money, that has purchased a comprehensive motor vehicle insurance contract, and that is seriously against the fact that such measures are taken);

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