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(영문) 의정부지방법원 2018.06.27 2018고단1601
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of 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 two cargo vehicles at C.

On December 26, 2017, the Defendant driven the above cargo vehicle at around 23:50 on December 26, 2017, and led to turn to the left in one way among the two-lanes of the two-lanes at the erode from the erode elementary school in the erode of the erode, which is the erode of the erode apartment.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at that time, so a person engaged in the driving of a motor vehicle is safe to drive the motor vehicle in accordance with the signals of the signal apparatus, and the crosswalk has a duty of care to safely check whether there is a pedestrian or not.

Nevertheless, the Defendant neglected this and neglected to change the driving signal of the vehicle to a red signal, and thus, the victim D (the 63 years old), the victim E (the 57 years old old), and the victim E (the 57 years old old) did not look at the right side from the left side of the moving direction in accordance with the pedestrian signals, and received the victims as the front part of the vehicle in front of the vehicle in driving.

As a result, the Defendant suffered from the victim D’s occupational negligence, such as an injury to blood transfusion from a external wound with which the number of days of treatment could not be known, and an injury, such as a cage of a cage cage at around six weeks of treatment to the victim E, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and intensity at the scene of a traffic accident;

1. A written statement related to a traffic accident (D) and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are two crimes with the grounds for sentencing under Article 62-2 of the Criminal Code of the Social Service Order, which are in a mutually competitive relationship, so in principle excluded from the application of sentencing guidelines, but fall under a single crime.

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