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(영문) 수원지방법원 2016.02.03 2015고단5131
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of 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 CK5 siren car.

On August 6, 2015, the Defendant driven the above car at around 02:00, and led to a moving-out distance from the dongbag to the south bank from the dongbag to the south bank.

Since it is an intersection, the driver of the vehicle had a duty of care to reduce speed and drive safely by accurately operating the steering gear and the steering gear in the front left left and right right of the vehicle.

Nevertheless, the Defendant neglected this and neglected to set a speed to a speed of 60-70 km per hour, and turned down the said vehicle to the right side of the direction of the passage, and turned down on the road to the right side of the vehicle of the Defendant, and received a street and a street transit from the front side of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim D (18 tax) who was on the back seat of the head of the passenger car operation by occupational negligence above, due to the injury of the number of days of treatment to the victim D (18 tax) due to the injury of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A traffic accident report;

1. A copy of a medical certificate (32 pages of investigation records) and medical records;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In the event of an injury in the aggravated area ( August -1 and June) of the first type of traffic accident (the person subject to special sentencing) [the sentence] [the sentence] unfavorable circumstances: the fact that the serious result of the injury inflicted upon the injured person was committed: The fact that the injured person recognized the crime and reflects it, the fact that the injured person deposited KRW 15 million for the injured person, and that the injured person made efforts to recover the damage, such as deposit of KRW 15 million.

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