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(영문) 수원지방법원 안양지원 2017.09.12 2017고단815
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a village bus.

On March 14, 2017, the Defendant driven the above bus at around 22:20 on March 14, 2017, and led to the left-hand turn from 1:00 to 1:00 national highways from the right-hand edge.

Since there is a crosswalk in which a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving service is a person to reduce the speed and to see well the right and the right of the road, and to safely operate the road in accordance with the traffic signals and to prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the left turn in violation of the signal to go back to the ground by taking the body part of the victim D (the 62 years old) who cross the crosswalk from the left side to the right side according to the pedestrian signals by negligence.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the frameworks of the left-hand pelpel in need of approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A written statement of the person involved in the D traffic accident;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - The basic area (including April to one year) of types 1 of general traffic accidents (the injury caused by traffic accidents) - Special mitigation (the special mitigation) / In the case of serious illegality in the case of punishment not (including serious efforts to recover damage) or in the case of bad driving (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Teaching, or in the case of bad driving (the decision of sentence] - favorable circumstances: The defendant acknowledges his mistake; the defendant is the primary offender; the defendant has agreed with the victim; and the defendant has violated the signal that is disadvantageous:

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