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(영문) 수원지방법원 2016.05.18 2016고단688

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a vehicle with CCA110V.

On January 2, 2016, the Defendant driven the above vehicle at around 21:40, and continued to drive the above vehicle at around 21:0,000, in order to extend the intersection of E Em-ray in front of Em-ray D at Oskdong apartment zone at the parallel of the parallel of the parallel of the parallel of the parallel of the two lanes at the speed of about 30km each hour.

There are three-distance crossings in which signal lights are installed, and there are crosswalks in the front section, so the person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals by reducing speed and checking well the right and the right and the right of the front section.

Nevertheless, the Defendant neglected this and tried to discover and avoid the Victim F (73) who was crossing the crosswalk to port from the right side of the direction of the Defendant’s course by negligence, which is left behind the red signal, but failed to avoid the bicycle, and went beyond the above vehicle.

As a result, the Defendant suffered injury, such as an injury to the victim, due to the negligence in the above business, on the part of the victim, at least six weeks of injury, due to an open two wound, which requires at least six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. A report on investigation (to hear statements from victims);

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning the closure of an accident image images;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] There is no basic area (four months to ten months) (the person subject to special aggravation] of the first type of traffic accident (the decision of sentence] [the decision of sentence] unfavorable circumstances: negligence (violation of signal) and the degree of injury suffered by the victim are not easy: The defendant is remarkably divided.