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(영문) 춘천지방법원 원주지원 2018.04.05 2017고단1315
교통사고처리특례법위반(치상)
Text

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

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 1:50 on September 30, 2017, the Defendant driven a so-called “Churbed car”, and turned to the left from the apartment on the side of the original post office located in the 412 as the Western at the time of the original city to the left of the distance of postal administration.

Inasmuch as a crosswalk is installed on the front side, the Defendant, who was engaged in driving of a motor vehicle, had a duty of care to properly operate the front side and the right side and the right side of the motor vehicle and to safely drive the motor vehicle while accurately operating the steering side and the steering side of the motor vehicle. However, the Defendant neglected this duty and neglected to do so, caused the Defendant to inflict the Defendant’s injury, such as salt, tension, etc., on the part of the victim D (the age of 81) who was standing on the left side of the motor vehicle in the direction of the Defendant’s driving by taking the victim D (the age of 81) who was standing on the left side from the direction of the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation and a medical certificate;

1. The investigation report (the 14th time a month);

1. Application of Acts and subordinate statutes on site photographs;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) in the mitigation area (special mitigation person] [the decision of sentencing] is not a case where serious injury is inflicted on the elderly victim who has dried the crosswalk due to the negligence of the defendant's heavy negligence.

On the other hand, there are also circumstances such as the fact that the defendant agreed smoothly with the victim in the trial process and that there is no record of criminal punishment.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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