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(영문) 수원지방법원 2017.12.12 2017고단6439
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a tea.

On June 4, 2017, the Defendant driven the above car at around 18:18, and driven the three-lane road at Osan City D, along with two-lanes from the Kex Stex distance, the Defendant driven the three-lane road at an irregular speed.

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 proceeded with the vehicle driving signal, disregarding the change of the vehicle driving signal to the stop signal, and around that time, the Defendant received the body part of the victim F (26 years old) who was crossing the above crosswalk from the right side of the Defendant’s driving direction to the left side of the pedestrian signal and was in front of the car of the Defendant.

As a result, the Defendant caused the above victim to suffer serious injury due to the above occupational negligence, such as an injury caused to the victim during the 20-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report, an investigation report (a video analysis of studs of vehicles), an investigation report (a video analysis of studs); and an investigation report (a video analysis of studs);

1. A report on the occurrence of a traffic accident, photographs related to the occurrence of the accident, photographs of the scene of the accident, photographic images of the fluor's fluor's fluor's fluor's fluor's photo

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. The scope of punishment recommended according to the sentencing guidelines of the Supreme Court Sentencing Committee [type] ordinary traffic accidents;

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