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(영문) 의정부지방법원 2014.01.14 2013고단4087

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On November 8, 2013, at around 14:45, the Defendant is a person engaging in driving of the wing and freezing cargo vehicle B. On the other hand, the Defendant was driving at a speed of about 40km in speed from the apartment on the side of the apartment on the side of the speed of 40km at the speed of 50km from the apartment on the side of the side of the west-nam Eup, Nam-gu, Seoul, the Nam-do, at around 496-1, while the signal, etc. was installed at the front, and thus, there was a crosswalk where the signal, etc. was installed at the front, so the Defendant was responsible for the duty to reduce the speed for the person engaged in driving the vehicle, and to safely drive the vehicle in accordance with the new subparagraph. However, the Defendant neglected the change of the vehicle signal to the stop signal while taking care of the victim (the victim) walking on the right side of the above crosswalk to the left side of the Defendant’s course, and sustained the victim for two days beyond the limit of 2.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. The actual condition survey report;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) the injury suffered by the defendant due to the instant traffic accident, which led to the shock of the victim crossinging the pedestrian signal at the crosswalk, is a considerable letter of character of the crime; (b) the defendant appears to have taken the attitude of enabling the confession of the crime and repent; (c) the primary offender is covered by comprehensive insurance; and (d) the defendant's age, character, character, environment, motive, means, and consequence of the crime.