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(영문) 수원지방법원 2014.07.23 2014고단2003

교통사고처리특례법위반

Text

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

except that 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

The defendant is a person who is engaged in driving a Clearning car.

On April 8, 2014, the Defendant driven the said car on April 16, 2014, and proceeded at the speed of speed in the direction of the plenary session from the front side of the modern apartment model in front of the right-driven modern apartment at Suwon, along the two-lanes in front of the right-driven modern apartment at Suwon.

The accident point is a place where signal lights and crosswalks are installed, so even though there is a duty of care to safely proceed in accordance with the new subparagraph, the victim D (Nam, 12 years old) who crosses the above crosswalks to the right side from the left side by disregarding the vehicle stop signal, and suffered injury, such as a bridge that requires approximately 12 weeks of medical treatment, by taking the victim into front part of the above car, according to the pedestrian signals.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1, Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that a person commits a serious injury, taking into account all the circumstances, such as the fact that the person's mistake is divided and that the person's initial crime is committed) [the scope of recommending punishment] April to October [the mitigated element]: An amount equivalent to the amount that has no record of criminal punishment (18 million won): Where a serious injury, other than a serious injury, occurs, which falls under the proviso to Article 3 (2) of the Specialized School Act;