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(영문) 수원지방법원 평택지원 2014.05.15 2014고단342

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 vehicle B.

On December 26, 2013, the Defendant driven the said car on December 26, 2013, and led to two lanes of the two-lane roads in Samsung Innland located in Pyeongtaek-si Spoon-Eup from the inner distance protection area to the Western Pyeong Tolle-Tol-do, one speed of about 60 to 70km.

At night, the location is night, and there is a crosswalk in which signal lights are installed at the front of the intersection, so it is necessary to check whether there is a person who drives a motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and followed the victim C(30 years of age) who was placed in the crosswalk due to the negligence of running the red signal as it is.

As a result, the Defendant suffered injury, such as the closure of body organs and boness, which require approximately 12 weeks of treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A report on the occurrence of traffic congestion;

1. Each written diagnosis;

1. On-site photographs;

1. Application of accident points and CCTV-related Acts and subordinate statutes;

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

1. As the defendant was driving in violation of the notification of sentencing in Article 62(1) of the Criminal Code, there is a need for the corresponding punishment since he was seriously injured by the victim.

However, the fact that the defendant recognized the crime and divided, agreed with the victim, the vehicle of the defendant was covered by a comprehensive insurance, and the previous crime is the first crime without any criminal force.