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(영문) 수원지방법원 2016.07.05 2016고단1668

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 21, 2016, the Defendant driven the above car at around 07:55, and moved the 159-day from the southyang Eup to the southyang Eup’s view to the view of the eternic viewing.

Since there is an intersection where signal lights are installed, there was a duty of care to drive safely in accordance with good faith while driving a person engaged in driving service.

Nevertheless, the Defendant neglected this and did not stop the pedestrian signal, etc. on the crosswalk installed immediately before the intersection, but did not stop, and the victim C(66 Do) who followed the signals from the southyang Eup/Myeon to the southyang Eup/Myeon due to his failure to stop the signal. The Defendant got the left part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim C by his occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the scope of recommendations) of the Criminal Act, which shall not apply to the selection of fines and sentencing guidelines.

[Determination of the sentence] The defendant is against the defendant, there is no previous conviction prior to the instant case, the fact that the motor vehicle comprehensive insurance is subscribed to, and the defendant's age, sexual conduct, environment, etc., the sentencing conditions under Article 51 of the Criminal Act are considered.