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(영문) 수원지방법원 성남지원 2013.07.25 2013고단1046

교통사고처리특례법위반

Text

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

However, 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 January 31, 2013, at around 07:15, the Defendant had a duty of care to reduce speed as a person engaged in driving service, and to check whether there is a person with a crosswalk, and to safely proceed by checking whether there is a person with a duty of care to drive on the road in front of the Silung Building located in the Silung-gu, Subdivision-si, Sungnam-si. In this case, the Defendant had a duty of care to drive on the road in accordance with the first two-lane road of the Silung Village.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the direction of the Defendant’s proceeding, thereby causing injury to the victim C (Nam, 17 years old) on the right side of the said vehicle to the right side of the said vehicle, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. The victim suffered serious injury due to a traffic accident to pedestrians of crosswalks in which yellow on-and-off signals for sentencing are in operation for reasons of suspended sentence under Article 62(1) of the Criminal Act;

On the other hand, the defendant is a first offender, is subscribed to a comprehensive insurance, and deposit KRW 5 million for the victim.

In consideration of all these points, the same type as the order shall be determined.