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(영문) 의정부지방법원 2017.05.30 2016고단5698
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 BCA110B-pacted cars.

On September 24, 2016, the Defendant driven the above two-wheeled vehicle around 19:40 on September 24, 2016, the Defendant driven the two-lane road in front of the intersection in front of the intersection in the Goamam-dong, Goam-dong, Goam-dong. The Defendant driven the two-lane road in front of the intersection in front of the intersection in the direction of the intersection from the 7-lane road to the intersection at an in

At the same time, since the vehicle signal was installed after being installed at the intersection, there was a duty of care to prevent traffic accidents by safely entering the intersection according to the new name of the vehicle to the driver.

Nevertheless, the Defendant neglected this and immediately left to the right to turn on the side of Heung S Klovas Apartment apartment in violation of the stop signal. In the front part of this wheels, the Defendant received the victim C (the 56-year age), who walked on the crosswalk from the apartment on the side of the apartment complex, who walked on the crosswalk 7, in accordance with the heading of the Roman pedestrian, and went beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body fright, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on the site, and vehicle photographs;

1. Medical certificates and death certificates;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the 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, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, etc. of Specific Traffic Accidents) (Article 4(1)-1 of the Act on the Protection, etc. of Traffic Accidents (Article 3(2) proviso (excluding Article 3(8)) of the Act on the Punishment, etc. of Specific Crimes (Article 3(2) proviso (Article 3(2) of the Act on the Punishment, etc. of Traffic Accidents), where illegality is serious,

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