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(영문) 의정부지방법원 2018.06.20 2017고단4580
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 the operation of the CMW car.

On August 29, 2017, the Defendant driven the above vehicle at around 16:15, and led the front of the exit road of 53 North-ro 53 North-ro, Gwangjin-gu, Seoul, to the front of the exit road of 53 North-ro, North-ro, Seoul, North-ro, North-ro, North-ro, North-ro, North-ro, North-ro, North-ro, North-do.

The location is the place where the vehicle is operated in accordance with the new subparagraph, and the entry into the bed crosswalk, so in this case, the person engaged in driving service has a duty of care to operate the vehicle according to the direction of the new subparagraph, to make it possible for the person to wear the crosswalk, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected this and led the Defendant to a stop line in front of the green proceeding signals, but mispercing that signal, etc. to a red stop signal, violated the signal, and obstructed the body of the victim DNA (72 years old) who walked along the crosswalk at the time beyond the stop line by the negligence of entering the crosswalk beyond the stop line.

As a result, the Defendant suffered from the above victim’s negligence in the above occupational negligence, “the frame of the frame above the upper right spelle” in the 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal penalty: Not more than five years of credit cooperatives;

2. Where the application of the sentencing criteria [the scope of the recommended punishment] is based on the basic area (four months to one year) (special mitigation (including serious efforts to recover damage) / Cases where illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning School Traffic is serious.

3. Determination of sentence: A person who walkes in six months of imprisonment without prison labor or one year of suspended execution (unfavorable circumstances).

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