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(영문) 전주지방법원 2015.12.15 2015고단1703
교통사고처리특례법위반
Text

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

On September 5, 2015, the defendant, around 07:30 on September 5, 2015, had the three-way road of the peace-based apartment complex in the Yansan-gu, Yancheon-gu, Yancheon-gu, the defendant go to the left turn to the left at the seat of the office of peace-based first-class.

At the time, the right-hand turn is installed at the crosswalk, so the driver has a duty of care to prevent accidents in advance by thoroughly checking whether there is a pedestrian in the crosswalk by thoroughly checking the front and right-hand side.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and caused the victim C (I am, 79) to stand the crosswalk from the right-hand side of the course to the left-hand side, with the front-hand part of the car.

The Defendant suffered injury to the victim, such as a flaging to the right flag, which requires medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report, the site and vehicle photographs;

1. Application of the Acts and subordinate statutes of the written diagnosis and request review;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) of the Act on the Suspension of Execution [the scope of recommendations] general traffic accidents (the scope of recommendations) and the scope of comparative sentences between the mitigation area (1 to 6 months) and the mitigation area (1 to 6 months) (the special mitigation area): one month to 6 months (the decision of sentencing): 1 month to 6 months (the decision of sentencing): heavy negligence (violation of the duty to protect pedestrians’ crosswalk), serious injury (the violation of the duty to protect pedestrians), serious injury, the same criminal record (one time), and the same kind of fine): The circumstances favorable to the defendant; the above special mitigation factor (the decision of no punishment) and the accident.

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