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(영문) 수원지방법원 평택지원 2016.11.02 2016고단1688

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 Bsch Rexton car.

On June 9, 2016, the Defendant driven the said car at a speed that would not be known as the apartment room from the plane room of Pyeongtaek-si court to the three-lane road near the apartment3-lane. The Defendant driven the said car at around 21:10 and driven the west at a speed that would not be known as the apartment room.

At all times, there was an intersection where signal apparatus is installed, so in such a case, there was a duty of care to observe the signal to the person engaged in driving the motor vehicle and safely proceed with it.

Nevertheless, the Defendant neglected this and received the front part of the D-wheeled Motor Vehicle operated by the Defendant as the front part of the D-wheeled Motor Vehicle operated by the Defendant, which was driven by the victim C (the age of 17) who was driven by the normal signal at the opposite opposite vehicle when the Defendant neglected to turn left.

Ultimately, the Defendant suffered injury to the victim, such as a franchis team and others, which require approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim C;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (Judgment on the application of sentencing guidelines) among the O general traffic accident crime group: The scope of recommending a person under serious injury (a person under serious injury) and a person under no punishment (a person under mitigation): The decision to suspend the execution from April to one year (a person under fundamental area), which affirmed a positive sentence of imprisonment without prison labor (a person under no punishment or criminal punishment, clear social relation, serious reflectness): April of the suspension of the execution, two years prior to the suspension of the execution - the circumstances as seen earlier, and the motive and background leading up to the crime, the circumstances after the crime, the criminal records, the age of the accused, character and conduct, intelligence, environment, etc., shall be taken into account.