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(영문) 서울북부지방법원 2017.03.23 2016고단5703
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 the duties of driving Cone Star.

On November 8, 2016, the Defendant driven the above vans around 16:51 on November 16, 2016, and led to turn to the left at the right from the middle school in the direction of the school where the distance of the national bank located in front of Seongbuk-gu Seoul Metropolitan Government.

Since there was an intersection where a red on-and-off signal was installed and a crosswalk was installed in the front section, the driver of the motor vehicle had a duty of care to temporarily stop the vehicle before entering the intersection and check well the front and right and the right and the right and the right of the driver of the motor vehicle, and to safely drive the motor vehicle after checking whether there was no person walking the said crosswalk.

Nevertheless, the defendant did not discover the victim E (56) who was a pedestrian with a crosswalk due to negligence while neglecting this, and did not discover the victim E (56) and got the victim to go beyond the right-hand part of the defendant's vehicle.

As a result, the Defendant suffered from the victim's alleys of the upper part of the upper part, the upper part of the upper part of the body, the upper part of the upper part of the body, the upper part of the upper part of the body, the upper part of the upper part of the body, and the upper part of the upper part of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, field photographs, etc.;

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 and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, has inflicted a serious injury on the victim crossing the crosswalk, taking into account the circumstances unfavorable to the victim, such as the fact that the defendant did not reach an agreement with the victim, and that the defendant recognized the facts of the crime of this case and reflected the mistake, that the vehicle operated by the defendant is covered by the comprehensive automobile insurance, that the vehicle operated by the defendant is covered by the victim, that the defendant deposited KRW 6

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