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전주지방법원 2015.07.14 2015고단635
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 C low-est car.

On April 8, 2015, the Defendant driven the said car at around 21:20, while driving the said car and driving it along two lanes in front of the guest company located in the central road located in Yeongsan-dong in the front city in the front city of the front city of the front city along the two-lanes of the road, due to occupational negligence, caused the victim D (51 years old) crossing the crosswalk to the right side of the said car at the right side of the Defendant’s running direction, and caused the victim to suffer injury, such as the pulverization of the front part of the front part of the said car, which requires medical treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report, and photographs;

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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] general traffic accident [the grounds for sentencing under Article 62-2 of the Order to Attend shall be [the scope of recommendations] the mitigated range of punishment (one to six months) [the person who has been specially mitigated] [the sentence] the mitigated range of punishment and the compared sentencing range: January to six months [the sentence] - The circumstances unfavorable to the defendant: serious negligence that violated the duty to protect pedestrians in the crosswalk, serious injury occurred to the defendant - the circumstances favorable to the defendant: the above special mitigated; the person who actively takes relief measures against the victim immediately after the accident; the person who has subscribed to the comprehensive motor vehicle insurance; the person who has committed serious injury; the person who has not committed any criminal offense above the same kind of punishment or