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(영문) 서울서부지방법원 2017.03.16 2016고단2727
교통사고처리특례법위반(치상)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a two-wheeled vehicle CCA110V as a duty.

On May 15, 2016, when the Defendant driven the above vehicle around 18:30 on the road in front of Mapo-gu Seoul Metropolitan Government along the three-lanes, the Defendant was installed at the front of the road at the time when the signal apparatus and crosswalks were installed in the front of the road at the intersection of the intersection of the intersection of Sungsan 2,00, along the three-lanes, and the Defendant had a duty of care to safely drive the above vehicle according to the signals of signal apparatus.

Nevertheless, the defendant neglected this and followed the victim E (the 66 years old) who dried the crosswalk from the right side of the defendant's proceeding to the right side of the defendant's two-wheeled automobile.

As a result, the Defendant suffered injury, such as cutting the frame of the upper body of the light frame, which requires approximately eight weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to an investigation report (in case of submission of a diagnosis report and serious injury to a victim E),

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] There is no person who does not have the basic area (four months to one year) (the person subject to special sentencing) [the sentence] [the defendant is driving in violation of the signal, causing a traffic accident that causes the damage to the victim of the crosswalk according to the pedestrian signals, and the victim suffers an injury to the extent that the victim has to receive long-term medical treatment, etc., which is disadvantageous to the defendant.

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