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(영문) 춘천지방법원 원주지원 2015.05.19 2015고단186
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 engaging in driving Cunst Motor Vehicle.

On January 23, 2015, the Defendant driven the above car at around 07:05, and driven the above car at a speed near the bridge at the front city, the Defendant driven the crosswalk at the speed of the ebbbbbb from the front city to the front-dong gate.

There are three-distance crossings where signal lights are installed, and at the time the victim D (the age of 28) was crossing the road from the right side of the crosswalk to the left side of the crosswalk in accordance with the above crosswalk green signals, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the signals.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground by taking part on the left side of the said bicycle as the front part of the said car due to the negligence that violated and proceeded with the signal.

The Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the right-hand sponsor, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. A medical certificate;

1. Reports on the occurrence of a traffic accident and reports on a traffic accident (1);

1. Inquiry into the enemy;

1. Reports on internal accidents (verification of signal systems);

1. Application of photograph, c. law

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act (determination of type) for general traffic accidents (the scope of recommendation and recommendation), the basic area of types 1 (the injury of traffic accidents) [the recommended area and recommendation type] - April-10 (general person] - mitigated elements: Relief measures after accidents, comprehensive motor vehicle insurance subscription, serious reflectness, and aggravation factors: Cases falling under the proviso of Article 3(2) of the Act on other special school characteristics (whether suspended sentence is suspended) - Reasons for general traffic accidents: negative other special school characteristics.

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