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(영문) 수원지방법원 성남지원 2014.04.17 2013고단2822

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 23:00 on October 19, 2013, the Defendant was driving a C-A-to-purd passenger vehicle at the center of Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the Defendant was driving the C-to-purd passenger vehicle at the center of the five lanes in front of the bank, which is located at the center of Sungnam-gu.

At the time, there is a night and a intersection where signal is installed, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to see the front side and drive the motor vehicle safely in accordance with good faith.

Nevertheless, the Defendant neglected to do so and neglected to go straight, and received the part of the left side of the victim D(35 years old) E, who was left left from the part of the park tunnel to the part of the park tunnel in the right side of the said car, on the left side of the said car.

After all, the Defendant suffered from the above occupational negligence that caused the victim to suffer approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (see, e.g., reasoning of sentencing) provides that the injury suffered by a victim of sentencing on the grounds of sentencing is not less exceptionally and not less agreed upon, but on the other hand, that the Defendant’s vehicle is covered by a comprehensive insurance, confession and reflects, and the Defendant’s age, character and conduct, health conditions (class 6), etc. shall be determined as indicated in the disposition, taking into account the following factors: