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(영문) 서울북부지방법원 2017.05.23 2017고단1029
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 of a sealed truck B.

On February 10, 2017, the Defendant driven the above vehicle at around 09:00, and driven the three-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, along the direction from the same direction, along with three-lanes, from the same side of the new road, and, at the front of the “D convenience store”, the Defendant suffered from the victim E (e.g., 63 years old) who opened the crosswalk from the right side of the above vehicle on the left side of the Defendant’s course due to occupational negligence in violation of the duty to protect pedestrians in the crosswalk before the “D convenience store,” resulting in the Defendant’s injury, such as cutting down the flus on the left side of the vehicle requiring approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances are taken into account: (a) the standard for sentencing the reasons for sentencing for sentencing under Article 62-2 of the Criminal Act [type] of general traffic accidents [the scope of recommending punishment] the basic area of traffic accidents [the scope of recommended punishment] [the range of imprisonment without prison labor for April 1 to 1] the decision-making crosswalk of the crosswalk of the crosswalk of the victim (the degree of injury of the victim is heavy; (b) the degree of injury of the victim is not easy; (c) the defendant committed a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on May 25, 1994; (d) the defendant has no record of criminal punishment except that he/she was sentenced to a suspended sentence of 2 years in the imprisonment without prison labor for August; (d) a comprehensive motor vehicle insurance is subscribed

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