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(영문) 전주지방법원 2016.09.13 2016고단779
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a Grand Co., Ltd.

On February 1, 2016, the Defendant driven the above vehicle at around 23:45, while driving the vehicle, leading the D cafeteria located in Seojin-gu Seoul at Jeon-gu, Seoul, to the front of the D cafeteria.

The driver of a motor vehicle has a duty of care to check whether there is a person to walk the crosswalk by reducing the speed and checking the right and the right and the right and the right of the motor vehicle, and to prevent the accident by using the brake and the steering gear accurately.

Nevertheless, the Defendant neglected to do so and proceeded without examining the right and the right and the right and the right and the right and the victim E (65) who dried the front part of the car of the Defendant’s driving.

As a result, the Defendant caused the above occupational accident and the actual accident, thereby resulting in injury to the victim, such as the upper 7 in the 12-day funeral care.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Each investigation report (related to victims and visit and investigation);

1. Investigative report (related to whether a victim is injured), medical certificate, entrustment of duties (related to an injury in the E), and medical statement (related to the entrustment of an injury among the victims);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act: Type 1 (Bodily Injury by Traffic Accidents) (one month to eight months) of the mitigation area (special mitigation factors) [the scope of sentence compared to the punishment of non-permanent reduction factors] of the punishment and the recommendation range:

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