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(영문) 수원지방법원 2018.06.08 2018고단532
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional car.

On September 29, 2017, the Defendant driven the above vehicle at around 09:15, and led the road of one lane in front of the head bridge of the school in the Suwon-si, Suwon-si, Suwon-si, to proceed from the luminous intersection to the luminous intersection.

In this case, the driver of a motor vehicle has a duty of care to check whether there is a person to walk the crosswalk by reducing the speed in front of the crosswalk and by checking well the right and the right of the crosswalk, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected to do so and passed the crosswalk to the right-hand side by his negligence and received the victim D (50 years old) who cross the crosswalk from the left-hand side as the front part of the Defendant’s vehicle.

After all, the Defendant suffered from the above occupational negligence that included approximately 12 weeks in the middle of the right franchisium in the upper right franchisium in the upper right franchisium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written diagnosis;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to an accident site photograph and photographs at the time of the accident;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of punishment] of imprisonment without prison labor for not more than five years [the scope of recommended punishment] (the scope of punishment] of type 1 (the person who is specially mitigated from traffic accidents) [including efforts to recover damage] of the mitigation area (the person who has been specially mitigated from traffic accidents] (the decision of sentence] of the punishment non-legal penalty [the defendant's decision of sentence] of the non-legal penalty: The defendant was negligent in driving the victim who was under the peaceful crossing of the crosswalk by driving without temporarily stopping the crosswalk and neglecting his/her duty of care in the front direction.

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