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(영문) 수원지방법원 안산지원 2016.06.08 2015고단3756

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 26, 2015, the Defendant driven the above cargo vehicle at around 15:55, and moved to the right of way by using three lanes of the three lanes of the three lanes of the apartment of the city apartment, which is distant from the front line of the erobbbbs, to the intersection of the national bank distance of 78 to the front line at the city of Heunging.

However, there is a place where signal lights and crosswalks are installed, so in such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right to drive the motor vehicle by reducing speed and by properly examining the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the new code.

Nevertheless, the Defendant neglected such duty of care and did not find the victim D (V) who was standing a crosswalk pursuant to the crosswalk signals, but did not find out from time to time the victim D (V) who was standing the crosswalk, and had the victim go beyond the floor by receiving the victim's bridge part with the back wheels of the cargo wheel of the Defendant.

Therefore, the defendant suffered injury, such as a flag on the left-hand flag, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) (Article 62(1) of the Criminal Act) (Article 4-1) (Article 1) (Article 3(1)) (Article 3(2) proviso (excluding Article 3(8)) of the Act) (Article 3(2) proviso (Article 3(2) of the Act is serious, or in the case of bad driving (Article 3(2) proviso (excluding Article 3(8)) (Article 3(1) of the Act (Article 62(1)) (Article 62(1)) (Article 62(1)) of the Act. However, the victim’s decision