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(영문) 서울동부지방법원 2016.05.11 2016고단593
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On February 11, 2016, the Defendant driven the above vehicle at around 06:50, while driving the road from the front side of the Seocho-gu Seoul Metropolitan Government, along with a one-lane of the front side of D in front of D in Gangdong-gu, Seoul to the clean-air line from the front side of the front side of the front side of the front day. The Defendant, by neglecting the front side of the front side and neglecting the duty to protect pedestrians in the crosswalk, caused the Defendant to shock the part on the left side side of the victim E who dried the crosswalk to the front side of the suspect driver’s taxi, resulting in the Defendant to suffer approximately 10 weeks of the left-hand executive in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. The actual survey report and each investigation report;

1. A medical certificate;

1. Application of photographs of accident place and accident vehicle, photographs at the time of the accident and video-related 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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1)(1)(3) of the Act on the Suspension of Execution [the scope of recommendation] of the general traffic accidents [the scope of punishment] of Article 62(1)(3) of the Act on the Suspension of Execution (the following good circumstances]. In the area where punishment is mitigated (1 January -6): In the case of a victim who has a crosswalk, the victim who has a crosswalk is not subject to punishment (a decision of sentencing]. However, at night, it seems that the victim who has a walked with the crosswalk is not able to find out the victim who has a walked with the crosswalk properly. In agreement with the victim, the decision is made as ordered in consideration of all the sentencing conditions such as the victim's age, etc.

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