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(영문) 의정부지방법원 2014.08.22 2014고단1722
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2013, at around 16:00, the Defendant driven a C rocketing car and proceeded in the direction of the Republic of Korea in the direction of the Jindo 2-lane 36, in front of the apartment house, “Influence” at the southyang-si, Jinnyang-si, Jinnam-do.

Since there is a place where signal lights and crosswalks are installed, a person engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and operated a vehicle in violation of the duty to protect pedestrians, and caused the victim D (72 years of age, in the direction of the apartment complex 17 apartment complex, which was equipped with the pedestrian seat in the apartment room, with the care of the defendant's vehicle, due to an occupational negligence, caused the above victim to suffer an injury, such as cutting off the right-side fright abandonment, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on the actual condition of survey;

1. Application of Acts and subordinate statutes to each injury diagnosis report and death diagnosis report;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Article 62 (1) of the Criminal Act (Consideration to the following favorable circumstances, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] is the case where the basic area (including special mitigation) (4 to 10 months) of the type 1 of general traffic accident (the special mitigation (including efforts to recover damage), the case where punishment is not imposed (the case of sentence 1) or serious injury (the case of this case) (the case of this case is the victim who has driven a crosswalk while driving the vehicle in violation of the signal.

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