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(영문) 의정부지방법원 2014.04.11 2013고단4455
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a CCA110V motorcycle.

At around 00:40 on November 20, 2013, the Defendant proceeded along a three-lane road of 1081-2 prior to Jinyang-si, Jinyang-si, Jinyang-si, according to one-lane from the parallel of the parallel of the parallel of the two-lanes from the parallel of the parallel of the parallel of the two-lanes.

At the time, there is a pedestrian crossing in front of the direction of the road, so in such a case, the driver of the vehicle has a duty of care to check whether there is a person crossing the road as well as to check whether there is a person crossing the road, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (the age of 56) who crosses the way to the right side on the left side of the road be on the right side due to negligence that neglected to do so.

As a result, the Defendant suffered injury, such as flaver pulver pulver pulver pulver pulver pulver pulver pulver pule, which requires approximately 16 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual survey report on traffic accidents;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Scope of sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of final sentence recommended by sentencing guidelines from January to June of the credit cooperative: From January of the credit cooperative to June of the credit cooperative [type of crime] The types of causing a traffic accident in the standards of general traffic accidents among the traffic crime groups: Reduction elements without any special penalty: Where there is a substantial negligence on the victim [the scope of recommending punishment] mitigation area (from January to June of the credit cooperative): Reduction area (the scope of recommending punishment): In cases where a serious injury, other than a serious injury, occurs: Determination of the serious half sentence, but the victim's injury is the victim.

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