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(영문) 춘천지방법원 원주지원 2017.09.20 2017고단608
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 is engaged in driving C 1300 R Katoba.

On March 9, 2017, the Defendant driven the above Obaon on the 21:38th day of March, 2017, and continued the front road of the E-cafeteria D in the original city to the Domination of the oil station in the upper city.

The location is one-lane road in which a crosswalk without signal, etc. is installed. At the time, the above crosswalk F (F, 72 years old) by the victim F (F, 72 years old) was walking on the right side in the left side of the defendant's direction, and thus, there was a duty of care to check whether there is a person who gets on the part of the driver's work of the driver's vehicle to reduce the speed and to check the right and the right and the right and the right and the right and the duty of care to prevent accidents, such as checking the safety of the course

Nevertheless, the Defendant neglected to do so and got the victim on the left side of his driving with his negligence.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the twelve week period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A written statement;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [Scope of recommended punishment] General traffic accidents of category 1 (Bodily Injury resulting from Traffic Accidents) (from August to two years) (Special Aggravation) in the area of aggravation (the person subject to special aggravated punishment).

2. The sentencing conditions, such as the defendant's age, sex, environment, motive of the crime and circumstances after the crime, shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing as stated in the records.

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