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(영문) 춘천지방법원 2017.12.21 2017고단1009
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence 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 is engaged in driving a car in Ctheme.

On June 27, 2017, around 15:30 around 15:30, the Defendant moved the front way of the E-way, which is located in Chuncheon City D, to the 1st apartment of Switzerland, from the direction of a drinking house in Switzerland.

At this point, there was a crosswalk where signal lights are installed in the street, so the Defendant, who is engaged in driving of a motor vehicle, was temporarily set before passing the crosswalk, but the Defendant was obliged to safely check whether there was a person to walk the crosswalk after the pedestrian signal of the crosswalk was completed, and thereby safely check whether there was a person to walk the crosswalk, thereby preventing the accident.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the floor by neglecting the pedestrian signal on the crosswalk when it is green. The Defendant did not avoid the victim F (7 years old) who dried the crosswalk to the left side of the right side of the Defendant’s moving from the direction of the road to the left side of the road, and did not get the victim to go beyond the floor by taking the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the cutting of flasium, which requires approximately four weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a report on the scene of a traffic accident, a medical certificate, and a report on investigation

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

1. The basic area (from April to one year) of the sentencing criteria [the scope of recommended punishment] and the basic area (the person causing a traffic accident) of the types of general traffic accidents;

2. The sentence is ordered by taking into account the following conditions, such as the character and conduct of the defendant and the circumstances before and after the commission of the crime.

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