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(영문) 의정부지방법원 2018.06.19 2018고단646
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaged in driving a high-priced motor vehicle.

On November 21, 2017, the Defendant driven the above vehicle at around 19:30 on the 19:0 on the south-si, Namyang-si, 3:66 degrees in each of the south-si, and 3 lanes in front of the “a pair of double-use apartments” were straighted at the speed of impreciably, depending on two lanes towards the “a separate police box within the village” from “a separate police box within the village.”

Since the accident place is an intersection where signal, etc. is installed, it is necessary to check whether there is another vehicle that drives a motor vehicle is passing through the intersection by reducing the speed and checking well the front side of the road, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the defendant neglected this and continued to proceed in violation of stop signal, and the part of the left side of the victim D ( South, 15 years old) crossing the crosswalk to the left side of the road crossing from the right side of the proceeding to the right side of the defendant, followed by the right side of the vehicle of the defendant.

As a result, the defendant suffered from occupational negligence the injury at the bottom of the Bridge, which was accompanied by a felball that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report and on-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) 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 for a crime;

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) (Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents) (Article 1(1)-1 of the Act on the Punishment, etc. of Specific Crimes (Article 2(1)-1 of the Act on the Punishment, etc. of Traffic Accidents) (Article 3(2) proviso (excluding Article 3(8) of the Act on the Punishment, etc. of Specific Crimes (Article 3(2) of the Act on the Punishment, etc. of Traffic Accidents)

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