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(영문) 의정부지방법원 고양지원 2016.02.16 2015고단3198
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a person who is engaged in driving a C-A-hurd motor vehicle.

On October 6, 2015, the Defendant came to turn to the left the front of the Goyang Indoor Sports Center located in the Seo-gu, Seo-gu, Busan at the time of Goyangyang on October 18:50, 2015, from the direction of the sports center to the modern department store, one-lane of the two-lane roads between the two-lanes.

At all times, a crosswalk is installed on the left side of the front side, so there was a duty of care to safely turn to the left while checking whether there is a pedestrian by reducing speed and checking the front side and the left side.

Nevertheless, the Defendant neglected this and left left as it is, due to his negligence, received the right side of the victim D (57) who dried the crosswalk in accordance with green signals from the left side of the direction of the lurged car driving at the right side of the motor vehicle.

As a result, the Defendant suffered injury to the said victim due to the above occupational negligence, such as pressure pressure, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the D's written statement, actual survey report, and diagnosis report;

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 stay of execution (a punishment shall be determined by a delay of execution of imprisonment without prison labor, taking into consideration the following: (a) the negligence of a criminal defendant who has shocked the victim at a crosswalk, heavy damage is serious; (b) the criminal defendant admits his/her fault; (c) the criminal defendant has no criminal history; and (d) the fact that he/she seems to compensate for damage through a motor vehicle comprehensive

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