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(영문) 수원지방법원 2018.01.23 2017고단6895
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the Dresh Corpos.

On September 26, 2017, the Defendant driven a Grand Corresponding vehicle around 07:55, and made the turn to the left at a speed of about 30km per hour at the speed of about 30km, depending on the speed of 110 kilometers at the entrance of Seoul Housing at the height of the wife population, in a speed of 110-lane.

At the time, crosswalks are installed on the front direction of the defendant's running, so in such cases, there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the driver, and to drive safely.

Nevertheless, the Defendant neglected to do so and negligently got the victim E (the age 22) who opened the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side, and got the victim E (the age 22) to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down a pelle to the left-hand pelle and cutting down a pelle to the left-hand pelle, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs photographs of the scene of the accident, or image recording devices;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] means traffic crimes, general traffic accidents, types 1 (the injury of traffic accidents) [the person with special sentencing] mitigated factors - there is no aggravated factors of punishment (the amount of the recommended punishment) - there is no increased factors of punishment [the scope of the sentence] mitigated area, one month to imprisonment without prison labor.

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