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(영문) 수원지방법원 평택지원 2016.11.02 2016고단1730

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

Punishment of the crime

The defendant is a person who is engaged in driving a Track Car B.

On August 3, 2016, the Defendant driven the said car on August 18:20, and driven the two-lane road in front of Pyeongtaek-si C at a speed that would not be identified depending on one-lane, at the front of the police box.

At all times, there was an intersection where signal lights are installed, so in such a case, there was a duty to observe the signal to the person engaged in driving of the motor vehicle and drive the motor vehicle safely.

Nevertheless, when the Defendant was negligent in entering the intersection by failing to comply with the signal while the electric signal was changed to yellow, the Defendant received the victim D (13 years old) who was driving a bicycle on the right side from the left side of the steering direction to the front part of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as a dog, pelpel, etc., which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each photograph;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (Judgment on the application of sentencing guidelines) among the O general traffic accident group: The scope of recommending a person who is under serious injury (a person under serious injury) and a victim also has a substantial negligence in the occurrence of a traffic accident (a person under mitigation): A decision of a suspended sentence of imprisonment without prison labor for April through one year (the basic area): A decision of anO sentence to be sentenced to a positive sentence of imprisonment without prison labor for not less than six months (the victim's negligence, no criminal punishment record, no comprehensive motor vehicle insurance policy): six months, and two years prior to the suspended sentence.