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(영문) 수원지방법원 2014.05.22 2014고단823
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 Bsch Rexton car.

On November 26, 2013, the Defendant driven the above vehicle on November 26, 2016:05, and proceeded from the Samsung Electronic Triscope to the Samsung Electronic Trigate, which is about 48 km in speed.

At the time, it was difficult for the driver of the motor vehicle to take care of street lamps due to road expansion works at night, so there was a duty of care to reduce speed and accurately manipulate the steering and brakes so that the driver of the motor vehicle can well see the steering system, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected this and got the victim C (the age of 63) who illegally crosss the Defendant’s right from the left side of the running direction to the right side of the Defendant’s driving direction to the front part of the said car.

Ultimately, the Defendant suffered from diverse verteball and cerebral brain damage to the victim, which require approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to medical opinions and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend a lecture [Scope of Recommendation] General Traffic Accident Type I (In April to October), the basic area (in case of a person subject to special mitigation) (in case of a person subject to special mitigation), where there is considerable negligence in the occurrence of a traffic accident or the expansion of damage, or where a serious injury occurs (type 1) / (in case of a judgment of sentence] the above sentencing factors and the defendant reflects the above sentencing factors and the defendant, there is no history of having been sentenced to a suspended sentence or more, and there is no history of having been sentenced to a comprehensive automobile insurance policy, etc., the sentence shall

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