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(영문) 의정부지방법원 2014.03.27 2013고단4498
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

The Defendant is a person engaged in driving a C-si vehicle.

On November 17, 2013, the Defendant driven the above vehicle at around 19:20 on November 17, 2013, and proceeded ahead of the possible zone zone 238, which is 238, from the able elementary school room to the hurrith of the private road.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected to perform the above duty of care and led the victim D (the age of 68) who crosses the front door crosswalk from the left side to the right side of the front part of the above vehicle.

As a result, the Defendant suffered injury to the above victim by negligence in the above occupational negligence, such as the right slot for six weeks in need of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to data concerning field photographs and black stuffs recording of vehicles;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [decision of the suspended sentence] Basic Field of General Traffic Accident No. 1 [Determination of the recommended field] [Scope of the recommended sentence] from April to October [general person] of General Traffic Accident No. 1] - Reduction element: Deposit of a considerable amount of money, comprehensive vehicle insurance, subscription to automobile comprehensive insurance, serious reflectivity - Aggravation element: Serious injury not serious injury, and fall under the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents [Determination of the Sentence] 6 months of imprisonment without prison labor,

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