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(영문) 춘천지방법원 영월지원 2015.05.15 2015고단104
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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On December 7, 2014, the Defendant driven the said car at around 18:05, while driving the said car and driving the 2nd line road in front of the Docker C, which is in front of the Gangseo-gu, Seoul, along two lanes from the direction of the natural gas power plant, at an insular speed. On the part of the victim E (n.e., the 59-year-old) who was standing on the said crosswalk, without properly checking pedestrian traffic even though the crosswalk was installed on the front line, was negligent in proceeding to the stop signal without properly checking pedestrian traffic.

After all, the Defendant suffered from the 10-day pulverization of flabing flabing, etc., which requires approximately 10 weeks of treatment to the victim E (the age of 59) due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [Scope of Recommendation] In the case where the illegality of the first category of traffic accident (the injury of traffic accident) (the person under special guard) (the decision of sentence] in the proviso of Article 3(2) of the School Special Act (the proviso of Article 3(2) of the School Special Act / [the decision of sentence] is serious, but there is no history of criminal punishment, there is no automobile comprehensive insurance, and the defendant's age, character and behavior, character, intelligence and environment, motive and circumstance of the crime of this case, the means and consequence of the crime of this case, circumstances after the crime, family relation, etc. are considered, and the punishment is determined as per the order.

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