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(영문) 수원지방법원 2017.08.29 2017고단2371
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a non-fuse vehicle C.

On February 1, 2017, the Defendant driven a non-stop car around 06:40, and led to the direction of the co-string distance in the front of the public health clinic at the Gosi-gu Seoul Special Metropolitan City, Young-ro, 719, Gosi-ro, Young-gu, Seoul Special Metropolitan City.

In such cases, the driver of a motor vehicle shall follow the signals and instructions indicated by traffic safety facilities, and when the pedestrian passes a crosswalk, he/she shall temporarily stop in front of the crosswalk so as not to obstruct the crossing of the pedestrian or endanger the pedestrian.

Nevertheless, by negligence in violation of the signal signal, the defendant was placed on the left side of the victim D (5 years old) crossing the crosswalk from the right side of the crosswalk to the left side of the crosswalk in accordance with the normal signals.

Ultimately, the Defendant suffered injury to the victim, such as cerebral cerebral cerebrovassis, which focuses on the need of approximately eight weeks medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Bluebbbs and caps;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] means traffic crimes, general traffic accidents, and types 1 (the injury of traffic accidents) [the person with special sentencing] mitigated factors - the increased factors of efforts to recover damage - Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of signal signals, the violation of pedestrian protection obligation on crosswalks) (the scope of recommended punishment), the basic area of the punishment, the imprisonment without prison labor for four months or more.

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