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(영문) 수원지방법원 2019.05.16 2019고단854
교통사고처리특례법위반(치상)
Text

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

except that 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 rash car owned by the Defendant.

On January 29, 2019, the Defendant operated the said car on January 29, 2019, and proceeded one-lane between the four-lanes near the 948 New Village Intersection, as the wife population, according to the direction of the movement from the port of port to the port of port, and became a non-protected left turn in the direction of the national highway No. 45.

Since a crosswalk is installed at the front side of the left-hand turn, in such cases, a person engaged in driving a motor vehicle has a duty of care to take into account the front side and the left-hand side, to accurately operate the steering and steering gear, and to temporarily stop in front of the crosswalk in front of the crosswalk, and to prevent pedestrians from an accident in advance.

Nevertheless, the Defendant neglected to turn to the left on the left without neglecting it and received the body of the victim C (A, 63 years old) who has left the crosswalk from the right side of the crosswalk in accordance with the pedestrian signals.

As a result, the Defendant suffered injury, such as a pelpelup, etc., which requires approximately 8 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident (to be substituted by South-North D);

1. A medical certificate;

1. An accident site photograph;

1. Accident video CDs;

1. The application of Acts and subordinate statutes on traffic accident reports and investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing), and the reasons for such suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The basic area of recommendations according to the sentencing guidelines [the range of recommendations and recommendations] is that there is no person causing a traffic accident [the category 1], the person causing a traffic accident [the person specially punished] [the scope of recommendations and recommendations].

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