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(영문) 수원지방법원 성남지원 2014.05.15 2014고단225

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 08:40 on September 10, 2013, the Defendant driven the cargo vehicle B with B, and led to the sudden distance in front of the floating village apartment, which is located in the Sungnam-gu sperm in Sungnam-si, Sungnam-si, to the erode distance from the erode of new articles to the erode distance.

At this point, the traffic control by signal, etc. is an intersection where traffic is controlled, so in such a case, there was a duty of care to safely proceed with the traffic signal to the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to enter the intersection in violation of the signal, and shocked the side part of the victim C(73 years old) driving, which was conducted by the victim C(73 years old), which was conducted in accordance with the new code from the room of the mamad house exhibition center, into the front part of the above cargo vehicle of the Defendant.

Ultimately, the Defendant caused the victim E (the age of 69) who was accompanied by the victim’s car to suffer the injury of the victim E (the age of 69) due to the above occupational negligence, which requires the victim C to receive approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation, a black box, and a CD;

1. Each medical certificate and opinion;

1. Application of field photographs, vehicle photographs statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 Act (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act caused the instant traffic accident due to gross negligence by the defendant, and due to which one of the victims suffered serious injury, the victim shall have long-term damage within the mouth due to the foregoing accident even if based on the data submitted by the defendant.