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(영문) 수원지방법원 평택지원 2015.09.03 2015고단937

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving of a B B-S car.

On April 18, 2015, the Defendant driven the above car on April 18, 2015, and tried to turn to the left at about 40 km as soon as possible from the Samsung apartment room to the parallel of residents in front of the residents meeting 99-No. 25-ro from the original city of Gyeonggi-si.

At all times, a crosswalk with signal apparatus has been installed on the front door, so in such a case, there was a duty of care to prevent accidents in advance by checking whether there is a pedestrian crossing who is a driver of the vehicle.

Nevertheless, the defendant neglected this and did not look at whether or not there is a pedestrian by reducing the speed of the front-way crosswalk, and followed by the negligence that the defendant proceeded as it is, and caused the victim C(74 years old) who has a crosswalk in accordance with the pedestrian name to go beyond the left-hand side of the above vehicle to go beyond the upper-hand side of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as a complex dratule dratule dratule dratule, which requires approximately three months of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

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

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

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order: The scope of recommending sentencing guidelines for applicable O: Taking into account all circumstances, such as the fact that victims of the basic area (from April to October) of the first type of general traffic accident (the injury caused by traffic accidents) do not want the punishment of a defendant;