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(영문) 춘천지방법원 원주지원 2015.01.13 2014고단961

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving a C-learning car.

On August 29, 2014, the Defendant driven the above vehicle at around 08:45, and moved the three distance in front of the E auto establishment located in D at the front of the original city to about 30 km from the front door of the permanent university to the front door of the front city.

There was an intersection where signal, etc. is installed, and the auxiliary signal for the vehicle at the time was a red signal, so there was a duty of care to safely drive the vehicle to keep the signal to the person engaged in the vehicle driving.

Nevertheless, due to the negligence of bypassing the two-lanes of the crosswalk in violation of the signal as it is, the Defendant neglected this and reconcepted the right side of the victim F (53 years old), which was left by the left side from the right side of the Defendant’s running direction, into the front part of the Defendant’s car, and reconcept the victim’s head side with the front part of the Defendant’s car.

Ultimately, the Defendant suffered from an injury to the victim, such as an injury from an external wound, which had two or more open situations where approximately eight weeks of medical treatment is needed, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Standard of punishment and sentence [Determination of type] among traffic crime groups, general traffic accident Type 1 (Bodily Harm resulting from Traffic Accidents): Reduction elements: Where there is no aggravated element: Where a serious injury occurs (Scope of recommending punishment): August to June of a credit cooperative;

2. The criteria for the suspension of execution [main reasons for the suspension of execution] positive: Where there is no record of criminal punishment (general reasons for the suspension of execution], the amount shall be deposited in a reasonable amount.