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(영문) 청주지방법원 충주지원 2017.07.14 2017고단448
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant driven BScar car trucks around 10:30, and proceeded to turn to the left at a speed of about 20 km at the speed of about 20 km from the surface of the apartment site, because the Defendant red the intersection in front of the biopolar distance in the scopic scopic scopic scopic scopic scopic scopic scopic scopic scops

At the same time, a person engaged in driving along the intersection with a signal light and crosswalk installed has a duty of care to check whether there is a person to walk up a road in accordance with the signals by reducing the speed and by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected such duty of care and caused the victim to go beyond the surface by shocking the front part of the Defendant’s front part of the part of the victim C (V, 59 years old) who dried the crosswalk in accordance with green pedestrian signals by negligence in going against the left-hand turn, while neglecting such duty of care.

As a result, the Defendant suffered injury to the victim, such as cutting down, closing, etc. of the off frames that require approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, an accidentmer and a report on actual condition;

1. On-site photographs and on-site photographs of traffic accidents;

1. The register of teas and driver's licenses;

1. A medical certificate;

1. A detailed statement of the processing of reported cases;

1. The signal cycle tag;

1. Application of each investigation report (report on telephone conversations between victims C and submission of written opinions on medical treatment of victims) to statutes;

1. Article 3 (1), 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 (the occupation of a person injured by occupational negligence and the choice of a person sentenced to imprisonment without prison labor) concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category 1 (the injury caused by traffic accidents) [the person subject to special sentencing] aggravated factors: the illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

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