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(영문) 의정부지방법원 2014.08.19 2014고단1599
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 21, 2014, at around 21:10 on April 21, 2014, the Defendant driven three-lanes of 29 U.S. from the Trido Round to the cheon-do Round.

There are crosswalks where signal lights are installed on the front door, so in such cases, the driver of the motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by complying with the signal.

However, while neglecting the above duty of care, the Defendant was negligent in proceeding in contravention of the signal and received the victim D (16 years old) who crosses the crosswalk to port from the right side of the crosswalk according to the pedestrian signals from the front side of the Defendant’s car.

The Defendant, by negligence in the course of performing the above duties, suffered brain-dead sugars, etc. necessary for medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of the traffic accident reporting Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and attending lectures [decision of type] for general traffic accident (the person who has a special appearance] - Aggravation of traffic accident: Violation of signal, crosswalk [decision of the recommended area] increased area [Scope of recommendation] 8 months to 1 year and 6 months [limited to general appearance]: Subscription to comprehensive vehicle insurance, serious reflectness, and no record of criminal punishment [whether or not a suspended sentence of execution of sentence] positive factors: there is no record of criminal punishment; social relation; clear social relation; serious reflectness; defendant's detention entails excessive difficulty to his dependants; comprehensive automobile insurance [decision of sentence] 1 year; suspended sentence 2 years; community service work hours; 160 hours; and 40 hours of compliance driving lectures;

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