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(영문) 의정부지방법원 고양지원 2019.10.16 2019고단2212
교통사고처리특례법위반(치상)
Text

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

except that 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

The Defendant is a person engaging in driving a rocketing car.

On July 3, 2019, the Defendant driven the said car on July 13:25, 2019, and proceeded to turn to the left at the right angle of 1284 from the side of the Water Resources Corporation to Cmiddle School according to one-lane.

At all times, there are signals and crosswalks installed on the front side of the direction of the defendant to turn to the left, so there was a duty to protect pedestrians by temporarily stopping in front of the crosswalk so as not to obstruct the crossing of pedestrians or endanger them.

Nevertheless, the Defendant neglected this and failed to pay attention to the fact that the pedestrian signal is a green signal, and caused the body of the victim D(W, 31 years old) and the victim E(W, 36 years old) who dried the crosswalk in accordance with the pedestrian green signals.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim D, such as the closure of fluoral bones, which requires approximately six weeks of medical treatment, and injury to the victim E, such as fluoral puling fluoral transfusion, without any open two internal sufferings for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. A traffic accident report;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that traffic accidents have occurred at crosswalks for sentencing, that is not agreed with victims, that is not less than that of victim D, that the vehicle operated by the defendant has been insured, that is, confession of crimes, and that is against the law.

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