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(영문) 수원지방법원 성남지원 2016.04.28 2015고단2584

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 service BCA110V.

On September 12, 2015, the Defendant driven the off-to-face 17:10 above, and driven the off-to-face 4-lane (including the bus exclusive lanes) in the south of the Hanam-si along four-lanes.

Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.

Nevertheless, due to negligence of disregarding the change of the vehicle driving signal to stop signal, the victim C (66 years and souths) who gets a bicycle and cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals was immediately discovered later, and operated to avoid this, but the defendant did not avoid it, and the defendant's Otoba completely conflicts with the rear wheels of the above bicycle.

As a result, the Defendant suffered injury to the victim, such as cutting the bones, closing, etc. of grandchildren who need approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

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) 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 suspension of execution (which reflects the fact that there is an agreement with the victim);

1. An order to attend a course under Article 62-2 of the Criminal Act;