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(영문) 수원지방법원 안양지원 2017.06.29 2017고단355
교통사고처리특례법위반(치상)
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 of a motor vehicle in Class C or II.

On January 5, 2017, the Defendant driven the above vehicle at around 18:40, and turned the five-lanes of the inner intersection distance from the boundary of the waterside of the same Gu and the five-lanes of the inner intersection distance from the flow of the waterside of the same Gu at the right angle.

At the same time, the crosswalk is installed, so in such cases, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check the right and the right and the right of the road well, and to prevent the accident in advance by driving safely.

Nevertheless, the defendant neglected this and got the victim D (the age of 56) who was a victim of the crosswalk in front of the defendant's vehicle in accordance with the pedestrian signals from the right side of the road in the direction of the opposite side of the defendant's Madle's vehicle by negligence, and caused the victim to go beyond the ground floor.

Ultimately, the Defendant suffered injury, such as cage cages, which require approximately 10 weeks of medical treatment to the victim due to the above occupational division and office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1) (see, e.g., Supreme Court Decision 2009Da15488

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