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(영문) 서울서부지방법원 2017.03.16 2016고단3988
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant operated a CPD125 motor bicycle as of November 23:15, 2016, and operated a three-lane road in front of Mapo-gu Seoul Metropolitan Government, in the direction of (Gu) Mapo Tax Office in the direction of the distance, approximately 50km each hour.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has the duty of care to check whether there is a person who gets on the way to reduce the speed and see well the right and the right and the right and the right and the right and the duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and received the victim E (the age of 17) who crosses the crosswalk on the right side of the crosswalk from the left side of the direction of the proceeding to the right side of the road due to the occupational negligence that proceeded in violation of the signal, as the motor device bicycle.

As a result, the Defendant suffered the victim’s alleys and tents that require seven weeks’ medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. In light of the relevant legal provisions on criminal facts, the proviso of Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act, it is clear that the above applicable provisions are simply omitted and there is no possibility of causing substantial disadvantage to the defendant's exercise of his/her right of defense, making an additional decision without modification of an indictment.

Selection of imprisonment without labor

1. Article 62 (2) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of recommended punishment] In the case where the illegality of the category 1 (the injury caused by traffic accidents) in the aggravated area (eight to two years) [the specially aggravated person] of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases of the Teaching Service is serious (the decision of sentencing] below the following circumstances and the defendant's age, sex, sex, environment, circumstances, means, means and consequence of the crime.

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