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(영문) 수원지방법원 성남지원 2014.10.16 2014고단1994

교통사고처리특례법위반

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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

Criminal facts

On May 7, 2014, the Defendant was driving BM5 car as of May 14:25, 2014, and the Defendant continued to run as the area of Sungnam Urban Bus Terminal, depending on three-lanes of the three-lanes of the road front the branch hospital in front of the branch hospital in Seongbuk-si, Sungnam-si, in the middle of the 59-lane.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle by checking the front door and whether he/she is a person walking the crosswalk.

Nevertheless, the Defendant neglected to do so and did not see the victim D (the age of 34) who walked along the crosswalk from the above three-lanes to the parking lot side of the tea hospital, and did not discover the victim D (the age of 34) who walked along the crosswalk from the parking lot of the tea hospital to the parking lot of the tea hospital of the branch of the branch of the branch of the branch of the branch of the hospital, and did not see the victim D (the age of 34). The part of the defendant's vehicle's front part of the driver's car, which caused the victims to go beyond the ground.

As a result, the Defendant caused the victim D to suffer injury, such as supplaf, which requires medical treatment for about 8 weeks by occupational negligence, and the victim C suffered injury, such as supplaf, which requires medical treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. Investigation report (to hear victim's telephone statements);

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that vehicles are covered by a comprehensive insurance, and the victims and victims have agreed to reach this Court only smoothly, and some of the circumstances to be considered in the course of the crime are considered (a hospital is open.)