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(영문) 수원지방법원 여주지원 2018.02.23 2017고단1508
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a 5 tons truck truck truck truck vehicle B.

On July 26, 2017, the Defendant driven the upper cargo vehicle around 12:35, and led to the front road of the entrance of the brick apartment at the beginning of the Gyeonggi-si, Gwangju-si, to the direction of the 921st apartment at the front of the front of the Eup.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by looking at the front door and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn off the front signal to the stop signal, but the Defendant continued to proceed in violation of the signal, and neglected to go on the green light of the crosswalk, including pedestrians, etc., such as pedestrians, etc., on the left side of the Defendant’s moving the bicycle from the right side of the road to the left side of the crosswalk, and had the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as acute cerebral cerebrovascop which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Reasons for imposing a sentence of imprisonment without prison labor, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the sentencing of an

1. Four months from the scope of the recommended sentence to one year (basic area);

2. The favorable circumstances shall be taken into account, such as the fact that the defendant for the decision of sentencing is dead and reflects, and that three million won has been deposited for the victim.

The circumstances leading up to the occurrence of the accident (in the course of the defendant's proceeding in violation of the signal, causing an accident by shocking the damaged person of the crosswalk), the degree of the injured person (defluence and degradation of function due to brain damage) and the power of fine for the same kind of crime, etc. shall be disadvantageous.

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