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(영문) 수원지방법원 2015.07.08 2015고단1691

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by obtaining a franchise.

On March 2, 2015, the Defendant driven the above vehicle at around 08:20 on March 2, 2015, and turned to the left at a speed of about 20 km from the shooting distance near the main entrance road to the main entrance road at the Suwon-do, 227-9 Dongwon-ro, Suwon-do, Seoul, to the high-priced level, from the apartment of Puran apartment at Puran to the main entrance road at the speed of about 20km.

At this point, there is a duty of care to drive safely in accordance with the signals, since it is a private intersection and a place where signal is installed in the front line.

Nevertheless, the Defendant neglected this and caused the injury of the victim E (the age of 29) who dried the crosswalk in front of the entrance road according to the pedestrian signal due to the negligence of proceeding in violation of the signal even though it was yellow signal, by taking the victim E (the age of 29) who was dried in front of the driver's seat of the Defendant driving vehicle into the front part of the driver's seat, and caused the victim to undergo treatment for about three months or more.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] of the Act on the Suspension of Execution [the grounds for both types of general traffic accidents [the scope of recommendations] where the illegality in the basic area (4 to 10 months) (special mitigation) of the category 1 (the person who is subject to special mitigation] of traffic accidents / In the proviso of Article 3(2) of the Act on the Suspension of Execution [the decision on the sentence] is serious (the decision on the sentence]. In violation of signals, the defendant's negligence and the degree of the victim's injury are not less weak, the normal circumstances that are favorable to the fact that the two-time fine for driving under the influence of alcohol was committed: The victim is recognized as a crime, and the victim is against the victim's 10 million won.