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(영문) 의정부지방법원 2017.10.26 2017고단3435
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

around 14:40 on April 3, 2017, the Defendant driven a C M& car and moved the “E” distance ahead of the “E” located in D at the time of the Council to the left of the branch office of the Fund at the time of the Sungmo Hospital.

It is a place where a crosswalk without signal, etc. is installed, and a driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk and safely drive the crosswalk after checking whether there is a pedestrian who passed the crosswalk.

The defendant neglected to do so and did not find the victim F (80 years old) who dried the crosswalk to the right side of the left side of the defendant's running direction, and did not get the victim to go beyond the floor with the front part of the defendant's car.

The Defendant suffered injury to the victim, such as the “absecting of the ductal plane,” which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. Reports on the occurrence of traffic accidents;

1. Accident scene and vehicle photograph;

1. A report on internal investigation:

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One month to five years from a month of imprisonment without prison labor, the range of applicable sentences in law;

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] in the category 1 (Determination in the sphere of recommendation] [the determination in the sphere of recommendation] of traffic accidents, four months to one year.

3. In full view of the circumstances below the sentencing criteria and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, method and mode of the crime, and circumstances before and after the crime, the sentencing criteria shall be set as ordered within the scope of the recommended sentencing criteria.

- There is no strong reflect or criminal punishment, and damage.

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