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(영문) 의정부지방법원 고양지원 2015.04.02 2014고단2599
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motorcycle B.

At around 21:40 on September 19, 2014, the Defendant moved to the right bypass about 20K km in the direction of the 3-dong community service center of the Roman Elementary School in the direction of the 3-dong community service center in the area of the 3-dong city in Yongsan-gu, Yongsan-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected to use it to make a bypass, and received the left lower part of the victim E (the age of 45) who dried the crosswalk according to the pedestrian signal, as the front part of the above motorcycle.

Ultimately, the Defendant suffered injury to the victim by the occupational negligence above, such as the structural flussium flusium in the left 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. A written statement of persons related to E traffic accidents;

1. Hearing of traffic accident reports, actual condition investigation reports, traffic accident occurrence reports, monetary statements and statements of victims;

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

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Although there is a need for strict punishment against the accused in light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service did not cause serious injury to the victim who was a crosssection, the agreement or the restoration of damage was not made, etc. However, there is no particular punishment force except once a fine is imposed, and both errors are recognized, and economic situation is difficult.

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