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(영문) 수원지방법원 2014.08.21 2014고단3305
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a vehicle B.

On May 11, 2014, the Defendant driven the above vehicle around 17:30, and proceeded straight straight lines from the west Jeju Jeju Jeju Jeju Jeju Jeju Island to the west through two-lanes from the original industrial complex. The Defendant driven the above vehicle at the speed of the U.S. at the speed of the U.S. in accordance with two-lanes from the original industrial complex.

At all times, the traffic control of police officers is carried out, so in such cases, a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and was negligent in proceeding with a stop signal in violation of the signal, and received the part of the victim C(44 years old) driver’s seat in front of the driver’s seat in the driving of the driving vehicle of the victim C(44 years old) who is straight from the right side of the direction to the left side of the normal straight line.

As a result, the Defendant suffered injury to the victim C, such as over eight (8) weeks of care due to occupational negligence, such as spawn spawn spawn, spawn spawn spawn, etc., and spawn spawn spawn spawn, etc., which require two (2) weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 facts constituting an offense;

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;

1. The reasons for sentencing of Article 62-2(1) of the Criminal Act on community service and lecture attendance order is that the defendant reflects his mistake, that there is no record of punishment for the same kind of crime, and that the sentencing guidelines are not applied as they are, because they constitute recommendation-type and commercial concurrent crimes concerning injury caused by traffic accidents.

Type 1 of general traffic accident (the injury or injury caused by a traffic accident).

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