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(영문) 전주지방법원 2016.12.06 2016고단1391
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 of CKaman vehicle.

On August 8, 2016, at around 09:00, the Defendant driven the above car engine, and proceeds the two lanes of the front road D in the direction of the front city in the direction of the front city in the direction of the front city farming and the front road in the direction of the front city in the direction of the front city farming. Since there is a crosswalk on which the vehicle signal, pedestrian signal, etc. are installed, the Defendant has a duty of care to see the front bank and safely drive the vehicle in accordance with the new name and prevent the accident in advance.

Nevertheless, the Defendant neglected this and sustained the injury of the victim F (the age 63) of the victim F (the age 63) who started to occupy the crosswalk from the right side of the vehicle in question to the left side of the vehicle in question and opened the crosswalk to the pedestrian on-and-hand signal, due to the negligence of proceeding with the red signal as it is.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Investigation report (related to the attachment of Ma1 Vehicle Stackers);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident scene (Evidence No. 3);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) of the suspended sentence [the scope of recommendations] general traffic accidents [the scope of recommendations] general traffic accidents in the area where punishment is mitigated (1 to 8 months) (the area where punishment is not imposed, 1 to 8 months (the decision of a sentence): 1 to 8 months [the decision of a sentence] - The circumstances unfavorable to the defendant: the occurrence of serious injury (fence of signal) - The occurrence of serious injury favorable to the defendant: the special mitigation, the comprehensive motor vehicle insurance policy, and the serious injury.

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