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(영문) 춘천지방법원 원주지원 2018.01.25 2017고단1189
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On October 13:14, 2016, the Defendant driven a B rocketing car, and proceeded with a four-lane road in front of the shooting distance of the Osung Village, which is located in 1st century as an increase at the original city at the original city, at the speed of about 50km from the shooting distance away from the other driving distance.

At the same time, the house where the passage of people is frequent at the same time is a road along which a crosswalk is installed. At the time, it is immediately changed to the straight-line signal of the stop, and it is difficult to secure the vehicle due to a large vehicle in the three-lane, so the Defendant, who was engaged in driving the vehicle, has a duty of care to safely proceed after checking whether there is a horse or pedestrian who first entered the crosswalk or the intersection before entering the intersection. However, the Defendant neglected his duty of care to safely proceed after checking whether there was a vehicle or pedestrian who has been entering the crosswalk and the intersection at the same speed. The Defendant, while neglecting his duty of care, got the victim C (Y, 39 years old), a victim C (the victim), who was entering the crosswalk, standing on the right side of the left side of the Defendant driving vehicle, was able to take part before the left side of the Defendant driving vehicle for which the treatment for about 10 weeks is required, and the victim suffered the victim's injury for treatment for about 10 weeks, such as a duple for the left end for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A report on the occurrence of a traffic accident, a report on actual condition, a response to a request for appraisal, and a traffic accident analysis and appraisal report;

1. A criminal investigation report (at least 19,24,25 on a net basis);

1. Application of Acts and subordinate statutes to photographs by cutting on-site photographs and black stuffs images;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment].

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