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(영문) 수원지방법원 성남지원 2015.10.01 2015고단1691
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

On May 11, 2015, the Defendant was a person engaged in the service of operating a cruise vehicle B, and around 15:5 on May 11, 2015, the Defendant continued the five-lane road at a low speed in the direction of the short distance from the South U.S. outflow to the shortest distance in the direction of the D in the Manam-si, Sungnam City.

On the other hand, a person engaged in ordinary driving service has a duty of care to check whether there is a person who will take the front door and left door well by lowering the speed when the signal, etc. is driven, and to safely drive the crosswalk in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded as it is, by negligence, disregarded the change of vehicle driving signals to a stop signal, and led the victim E (year 73) who is proceeding with the above road to a green signal such as pedestrian signal, etc. in the direction of gold-driven in the direction of the short-road road, brought the left side of the two-wheeled vehicle driven by the victim E (year 73).

Ultimately, the Defendant suffered injury to the victim, such as kidne to the left-hand side and urology, which requires treatment for about six weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. 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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General traffic accidents in consideration of the fact that there is no basic area (four to ten months) of the first category of traffic accidents (the injury caused by traffic accidents) (the decision of a sentence] [the decision of a sentence] and agreement with the victim after instituting a public prosecution;

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