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(영문) 의정부지방법원 고양지원 2017.12.14 2017고단3026
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 vehicle with C low Pest another car.

On September 1, 2017, the Defendant driven the above car at around 16:20, the Defendant moved to the right of way in front of the police station in the Busan Western-dong 2325-3, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in order to turn to the right of way in the right of way from the direction of the conversation between the high and the high

At this point, there was a duty of care to prevent accidents in advance by safely driving the vehicle driver in accordance with the signals of the intersection and the crosswalk because the intersection and the crosswalk are installed adjacent to each other.

Nevertheless, the Defendant neglected this and neglected to stop on the crosswalk but failed to stop on the crosswalk, and by negligence bypassing it, did not avoid the victim D(74) who was getting on the left-hand side of the crosswalk in accordance with the Defendant’s direction at the time, and received the victim’s bicycle front part of the Defendant’s car driving in front of the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence in light of the left-hand framework and mination of non-alley executives in need of approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the E police;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. On-site photographs;

1. A traffic accident report;

1. A report on investigation (a statement by a wooden person);

1. A report on investigation (a statement of a victim);

1. Application of Acts and subordinate statutes to a report on investigation (receiving a medical certificate);

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

1. Article 62(1) of the Criminal Act on the suspended execution (the defendant caused the instant accident in violation of the signal, and the degree of injury to the victim is not somewhat weak.

However, it is a first offense with no criminal history so far.

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