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(영문) 전주지방법원 2015.12.15 2015고단1728
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 of a motor vehicle B New-Wood EXE.

On September 15, 2015, the Defendant driven the above car on September 18:37, 2015, and proceeded to turn to the left at the right speed from the yellow Furgel to the Purgian oil station at the D resting room located in the Purg-gu Seoul Special Metropolitan City.

Since a crosswalk is installed at all places, the driver has a duty of care to check whether there is a pedestrian or not, and to safely proceed so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to turn left without neglecting this, led a bicycle at a crosswalk 200 which was left left as it was, and walked on the bridge of the victim E (70 years of age) with the front part of the said car.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately 16 weeks of multiple felling and felballing which require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, bicycles and photographs of vehicles, reports on the occurrence of traffic accidents, accident vehicles 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 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing) of the suspended sentence (the reason for sentencing favorable to the defendant) (the range of recommendations) general traffic accidents (the scope of recommendations) and the scope of comparative sentencing between the mitigation area (1 to 6 months) and the mitigation area (1 to 6 months): one month and six months (the decision of sentencing): one month and six months (the decision of sentencing): heavy negligence (the violation of the duty to protect pedestrians’ crosswalks): heavy negligence (the violation of the duty to protect pedestrians): The occurrence of serious injury favorable to the defendant - The circumstances favorable to the defendant: the above special mitigation person, relief after the accident (12 report, etc.), subscription to the comprehensive motor vehicle insurance.

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