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(영문) 춘천지방법원 원주지원 2017.03.30 2016고단1212
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant driven a C-wing and C-III vehicle without obtaining a driver's license of a motor vehicle on October 31, 2016, and was driving the front road D at the seat of a bus terminal in the vicinity of a bad sports hall in the city of the original city, and led the Defendant to the right-hand bypassing the front apartment site.

At the same time, a crosswalk was installed on the front side of the Defendant’s driving direction, and at the same time, the above crosswalk was opened on the left side of the Defendant’s driving direction in accordance with the pedestrian signals. Thus, the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to safely drive the crosswalk, such as checking whether or not there is a person who gets to wear the crosswalk, and prevent an accident, due to the negligence of failing to do so, caused the victim to go beyond the floor by taking the left side side part of the Defendant’s driving vehicle, and caused the victim to go beyond the floor by taking the victim’s left side side part of the motor vehicle and taking the victim’s treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The E traffic accident statement;

1. Investigative reports on the occurrence of traffic accidents, actual survey reports, driver's license registers, and mandatory insurance;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] In the case where the illegality in the area of aggravated punishment (8 months to 2 years) (the special aggravated person] of Article 3(2) proviso (excluding subparagraph 8) of the Act on the Aggravated Punishment of Concurrent Crimes is serious (the decision of sentencing], but the defendant is against the mistake of the defendant while driving a crosswalk.

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