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(영문) 의정부지방법원 2016.11.25 2016고단3350
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motorcycle B.

On May 20, 2016, the Defendant driven the above motorcycle on May 20, 2016, and led the front of the SK apartment to the new village of the 39-lane from the west side of the North Korean Public Security Center.

Since there are crosswalks where signal lights are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the new code, to check whether there is a pedestrian in the crosswalk, and to prevent the accident in advance by driving the motor vehicle.

Nevertheless, the Defendant neglected this and received the victim C(33 years of age) who gets a pedestrian crossing to the right side from the left side in accordance with the right side of the closed crosswalk, when the Defendant was negligent in driving the red signal, and was in front of the above motorcycle.

As a result, the Defendant suffered from the injury of the opening frame of the Gan-Jak Team, accompanied by a non-alley to the victim for about 16 weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Fact-finding report and report on the occurrence of a traffic accident;

1. A report on internal investigation:

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs and photographs at the scene of an accident after capturing the damaged video;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") of the suspended sentence;

1. Where illegality is serious in the area of increase (eight to two months) in the first category of general traffic accidents (excluding persons under special circumstances) (eight to two years) (excluding subparagraph 8) in accordance with the proviso to Article 3 (2) (excluding subparagraph 8) of the Special School Act;

2. Circumstances disadvantageous to the decision on sentence: A defendant shall operate a vehicle in violation of the signal, for about 16 weeks, the victim who dried the crosswalk.

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