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(영문) 수원지방법원 2018.07.19 2018고단1415
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 car in the B SP area.

On March 4, 2018, the Defendant driven the above car on March 21, 2018, and led to the two-lane road located in the wife population C, along the one-lane from the north distance to the permissible viewing distance.

At night, there was a crosswalk in which signal lights are installed at the front of the night, and the driver of a motor vehicle has a duty of care to reduce the speed and to check whether there is a person who gets on the way to drive the motor vehicle well, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed even when the signal is changed to the stop signal, and found later the victim D (30 cm) crossing the crosswalk from the right side to the left side according to the pedestrian signals, and made the victim go beyond the ground by taking the front side of the victim's bridge with the passenger vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a heat injury on the left side, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. A report on internal investigation (to-face telephone conversations between harvested persons E);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The general traffic accident area (the injury caused by traffic accidents between August and two years): In case where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Union is serious (the case where two or more provisos are applicable) (the decision of sentence] of the instant crime, where the Defendant signals.

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