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(영문) 의정부지방법원 2018.07.17 2018고단1137
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for seven 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 a car in B.

On December 27, 2017, the Defendant driven the above car at around 11:30 on December 27, 2017, and was facing the speed of about 30 km (statement) from the 13rd speed to the 2nd speed from the west of the Fridong Residents' Center in the city of Gyeonggi-do along the road of the 13rd speed in front of the Fridong Residents' Center.

Since there is a pedestrian crossing where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle is a person to build a pedestrian crossing by reducing the speed of the person engaged in driving the motor vehicle, and by properly examining the left and right of the motor vehicle and to safely drive the pedestrian according

Nevertheless, due to the negligence of disregarding the signal while neglecting the signal even though the signal was red signal for the vehicle, the left side of the victim C ( South, 82 years old) who was standing on the crosswalk signal from the right side of the above passenger vehicle to the left side of the crosswalk signal such as the crosswalk signal.

As a result, the Defendant suffered injury in need of approximately 14 weeks of medical treatment due to the occupational negligence of the Defendant, i.e., a pelle and a pelle executives who did not agree with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of traffic accident reports, on-site photographs, and departments related to the reporting of the case 112;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (hereinafter referred to as Special Mitigation (Aggravated Punishment)) (including efforts to recover damage) / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act is serious, or in cases of bad driving (excluding a decision of sentencing) in the crosswalk, the defendant is the defendant as an accident in violation of signal at crosswalks.

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