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(영문) 서울중앙지방법원 2016.06.22 2016고단2487
교통사고처리특례법위반
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

On March 10, 2016, the Defendant driven a BFD car on March 18:35, 2016, and led to the left turn at a speed that the front of Seocho-gu Seoul Metropolitan Government C is unable to know from the back road to the right-hand road.

Since a crosswalk is installed on the front side, the defendant who drives a motor vehicle had a duty of care to check whether there is a person who gets on the front side and the left side, and to safely drive the motor vehicle so as to prevent the accident from occurring.

Nevertheless, when the defendant neglected to turn to the left as it is, the defendant took the right edge of the victim D (W, 65) with the front wheels of the above car and made the victim go to the road.

As a result, the Defendant suffered injury to the victim, such as cutting the body felb on the right side, 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 of the occurrence of a traffic accident prepared by E [Attachment 4]

1. A traffic accident report;

1. An accident scene photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The basic area (from April to October) of the sentencing criteria [the scope of recommended punishment] and the basic area (the person who is subject to special sentencing] of the types of general traffic accidents; and

2. The defendant's negligence is heavier than the defendant's fault, and the degree of injury suffered by the victim is not somewhat minor, because the accident occurred in the crosswalk for decision on the sentence of sentence for pedestrians;

The vehicle driven by the defendant is not covered by liability insurance, so it is highly likely that the victim can not be fully compensated for damage.

However, the defendant has no particular criminal history since 2001.

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