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(영문) 수원지방법원 2016.01.28 2015고단5142
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 18, 2015, the Defendant driven the rocketing car around 12:00, and led the water source to the mastm, from the shooting distance on the front of the Gangnam apartment, which is located in the course of the Suwon-gu campaign at Suwon-si.

At this point, there is a crosswalk with a pedestrian signal as an intersection with a signal signal, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the front left and right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim C (53) who dried the crosswalk in accordance with the pedestrian signals to go beyond the road by taking the victim C (53) ahead of the right side of the rocketing motor vehicle due to the negligence of going in violation of the signal.

Ultimately, the Defendant caused an injury to the victim by occupational negligence, such as marrating the left-hand side, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition (1) and a survey report on actual condition (2);

1. Photographss related to each traffic accident;

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act for community service and order to attend a lecture [the scope of recommended punishment] of the basic area of the first type of traffic accident (the second class to October) (the second class of traffic accident) (the second class to be specially mitigated) (the second class to be specially mitigated) / In the case where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Union (the violation of signal and the violation of the duty to protect pedestrians at crosswalks) is serious (the decision on the sentence of sentence] along with the circumstances presented as the above special mitigation (the above special mitigation) (the decision on the sentence of sentence), the fact that the defendant is against himself, the fact that the motor vehicle comprehensive insurance is subscribed to, the first class of the crime, the support for his/her

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