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(영문) 춘천지방법원 영월지원 2017.03.28 2017고단17
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 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 the duties of driving CK5 taxi.

On December 13, 2016, the Defendant driven the above taxi on December 13, 2016, and proceeded ahead of the road in Young-gun D in Gangwon-gu, Gangwon-do, from the opposite intersection of the territorial month to the Young-gu.

There are three-distance crossings without signal lights, and crosswalks are installed on the front side. In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by checking whether there is any person who gets a crosswalk by reducing the speed of the motor vehicle and looking well at the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went on as is, instead, received the victim F (the age of 72) who walked along the crosswalk from the left side of the course direction to the right side of the said taxi as the top part before the left side of the said taxi.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., abandonment pulverization at the bottom of the part of the part of the artificial cutting in the right snife, which requires approximately 16 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation (a statement by telephone of a victim) and a report on investigation (a report accompanied by a diagnosis of a victim);

1. A traffic accident report;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 2 (proviso) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the circumstances unfavorable to the Defendant, such as the following: (a) the mitigation area (one month to eight months); (b) the mitigation area (including special mitigation persons); (c) the degree of injury suffered by the victim (including efforts to recover damage); and (d) the degree of injury suffered by violating the duty to protect pedestrians at crosswalks.

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