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(영문) 수원지방법원 안양지원 2016.03.22 2015고단2062

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Dex vehicles.

On October 07, 2015, the Defendant driven the front road in front of the 212 safe-distance station from the side of the spring light hospital to the right-hand turn to the left at the right-hand turn, as it had been around the 00:20 on March 07, 2015.

At that time, there was a signal apparatus and crosswalk installed, so in such a case, there was a duty of care to safely drive the vehicle, such as proceeding in accordance with the signal apparatus signals to the person engaged in driving the vehicle, temporarily stop in front of the crosswalk, and checking whether there is a person driving the vehicle.

Nevertheless, the defendant neglected this and proceeded to the left-hand turn while the signal signals are red, and the part of the bridge of the victim E (44 ) where the defendant gets on the right-hand side from the left-hand side of the defendant's proceeding direction was shocked by the front-hand part of the vehicle where the defendant drives.

Ultimately, the Defendant suffered injury to the victim in light of the foregoing occupational division and room for approximately eight weeks of medical treatment, with no open room for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of sentencing guidelines] - Type 1 (Bodily Injury by Traffic Accidents) basic area (from April to October) - Special mitigation (the special mitigation) - Where illegality in the proviso to Article 3(2) of the Act on the Special Cases of the Teaching, is serious [the decision of sentence] - Unfavorable circumstances: The defendant violated his/her signal, thereby standing a crosswalk.