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(영문) 전주지방법원 군산지원 2017.07.19 2017고단547
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 one year 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 racing vehicle B.

On November 10, 2016, the Defendant driven a above 18:20 on the 18:10 on the 10th day of November 2016, and led to the left-hand turn to the right-hand turn while driving at the crosswalk in front of the Young-si, Sinsan-do, North Korea, at the port of the second apartment.

At the same time, since a crosswalk is installed, if a person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk and protect pedestrians by reducing the speed, maintaining the right and the right of the road, and pedestrians are travelling along the crosswalk.

Nevertheless, the Defendant neglected to turn left the left by his negligence and caused the Defendant to walk the crosswalk to the left side of the Defendant’s right, and received the Defendant’s left knee portion of the victim C (the age of 77) in front of the left side of the passenger.

Defendant 1 suffered injury to the victim C due to the foregoing occupational negligence, such as 10 weeks of care, salkes, and other salkes and closed down.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs of a traffic accident;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing, etc. as set forth below) of the suspended sentence [the scope of recommendation] of the general traffic accident area (one month to eight months) [the person subject to special mitigation] [including efforts to recover damage] of the mitigated sentence [the decision of sentencing] of the mitigated sentence area (including the person subject to special mitigation] [the decision of sentencing] of the defendant reflects his mistake, the fact that the defendant agreed with the victim, and all of the sentencing conditions set forth in the arguments of this case, such as the defendant's age and environment, shall be determined as the disposition.

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