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(영문) 서울북부지방법원 2017.01.12 2016고단4172
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

On June 13, 2016, the Defendant driven the above vehicle at around 22:31, while proceeding to the Uniform Education Center in the direction of 4.19 road in front of the Seoul Southernbuk-gu, Seoul, the Defendant suffered injury, such as a thring of the right side of the said vehicle, the upper part of the victim E, who dried the crosswalk in accordance with the pedestrian signals, due to an occupational negligence in violation of the direction indicated by the signal apparatus and the duty of pedestrian protection in the crosswalk, and caused the victim to undergo approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, 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. Circumstances that are disadvantageous to the reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances in light of the reasons for sentencing): The punishment shall be determined as ordered by the order, taking into account all the circumstances such as negligence (violation of signal) and the fact that the degree of injury suffered by the victim is less easily: The defendant is remarkably divided, the defendant was subscribed to a comprehensive insurance, the primary offender was deposited, the amount of KRW 4 million was deposited, and the above circumstances and the defendant's age, sex behavior, environment, health conditions, circumstances after the crime, and the circumstances after the crime.

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