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(영문) 전주지방법원 2015.06.09 2015고단61
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 of B Poter cargo vehicles.

On December 2, 2014, the Defendant driven the above cargo vehicle at around 17:05, and proceeded two lanes in front of the Haak Kim Jong-dong, Kim Jong-si, from the front side of the Kim Jong-si Police Station to the front side of the road along the two-lanes of the road, the Defendant: (a) caused the victim C (n, 67 years old) crossinging the crosswalk to the left side of the road from the right side of the road due to the occupational negligence of driving the vehicle in violation of the duty to protect pedestrians in the crosswalk in the direction of the road; (b) obtained the victim C (n, 67 years old) from the front part of the above cargo vehicle to the front part of the above cargo vehicle for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a traffic report, a news report, a field photograph, etc.;

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. Reasons for sentencing [the range of recommendations] under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing under the following) general traffic accidents [the scope of recommendations] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing] the area where punishment is to be mitigated (one to six months) (the area where punishment is not to be mitigated] and the area where punishment is to be mitigated: one to half months (the decision of sentencing): 1 to six months (the decision of sentencing): Violation of the duty to protect pedestrians in crosswalks; serious injury to the defendant - The circumstances favorable to the defendant: The above special mitigated, serious reflects, subscription to motor vehicle comprehensive insurance, the same criminal records or any previous criminal records or any previous criminal records beyond the execution period

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