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(영문) 수원지방법원 2015.03.26 2015고단128
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 the operation of the Lone Star Car.

On December 13, 2014, the Defendant driven the above car on December 18:10, 2014, and tried to drive the two-lane roads in front of the original 2nd apartment complex located at the source of Young-gu, Suwon-gu, Suwon-si, Suwon-si, with the home fluoring surface from the upper sculping surface to the upper speed.

Since a signal, etc. is installed and a crosswalk exists, the driver of the vehicle has a duty of care to build and drive the crosswalk according to the new subparagraph in detail. However, the defendant failed to discover the victim C(37 years of age) who has dried the crosswalk in accordance with the pedestrian signals due to negligence in violation of the signal while neglecting this duty and failed to discover the victim C(37 years of age) who has driven the crosswalk in accordance with the pedestrian signals, and charged the victim's right-hand side part with the front wheels of the said vehicle.

Ultimately, the Defendant, due to the foregoing occupational negligence, inflicted injury on the victim, such as the mouths at the bottom of the balone aggregate, accompanied by the right-side balone, which requires treatment for approximately twelve weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and Article 268 of the Criminal Act (Selection of Depository Punishment);

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

1. The reason for sentencing of Article 62-2 of the Criminal Code for community service business [the range of recommendations] is the case where the illegality in the proviso of Article 3(2) of the Specialized School Act is serious (the decision of sentence is against the defendant], the defendant is actively escorted to the hospital immediately after the traffic accident, the fact that the victim is actively escorted to the hospital, the fact that the vehicle comprehensive insurance is being subscribed to, the family letter and the fact that the suspension of the execution of the sentence of imprisonment for a previous offense is against the same kind of crime, but exceeds the fine.

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