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(영문) 수원지방법원 성남지원 2015.03.24 2014고단2866

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing motor vehicle.

On October 14, 2014, the defendant driving the above vehicle around 10:03, and driving about 60 K km in the city of Gwangju at approximately 30 K km from the dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the both sides.

In such cases, when a person who is engaged in driving a motor vehicle drives a motor vehicle drives a pedestrian crossing, he/she has a duty of care to temporarily stop in front of the pedestrian crossing to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed.

In order to find out the victim D who crosses the crosswalk without signal lights to the right side late from the right side and to avoid it, the victim was forced to avoid it, but the driver did not avoid it, and the victim got out of the ground due to the front part of the above vehicle.

The Defendant caused the victim to suffer bodily injury, etc. due to the above occupational negligence, by causing the victim to suffer bodily injury, such as blood transfusion, which requires at least six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

2. A survey report on actual condition;

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

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

2. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that comprehensive insurance is subscribed and the agreement is reached with the victim);