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(영문) 의정부지방법원 고양지원 2014.07.18 2014고단924

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of the C Launa car.

On February 9, 2014, the Defendant driven the above vehicle on 17:34 on February 17, 2014, and led to the left-hand turn from the malan apartment at the front of the Sejong-gu Sungyang-gu, Sungyang-gu, Sungdong-gu.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to drive the signal in accordance with the direction of signal, etc., but in such a case, the defendant neglected to do so and neglected to do so, and neglected to turn left the crosswalk installed in the front direction of green straight line, and led the victim D (ma, 75 years old), who crossed the crosswalk installed in the front direction of the defendant's course to the e-mail apartment from the front direction of the driver's vehicle to the front left side of the victim D (ma, 75 years old), and the victim E (n, 73 years old).

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim D in the alley of approximately 12 weeks to the right-side 3, 4 parts of the pelpel, and the injury to the pelpel of the pelpel of approximately 10 weeks to the right-side 2, 3, 4, and 5 parts of the pelpel of the pelpelpel of the right-side pelpel of the victim E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy penalty);

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation]: Cases where illegality in the proviso of Article 3(2) of the Education Specialized Act is serious [the sentence of sentence].