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(영문) 수원지방법원 2015.07.22 2015고단2299
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 dump truck.

At around 10:20 on May 2, 2015, the Defendant continued the three lanes in front of the three-lanes of the flow distance in the Sejong-dong, Suwon-si, Suwon-si, from the area of the Suwon bus terminal to the area of the water station at an aesthetic speed.

Since it is an intersection with a traffic signal apparatus, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and caused the injury to the victim C and the victim E (55 years of age) who is a passenger driver of the said truck by taking the front part of the victim C(58 years of age)'s D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not apply to each of the instant crimes, in relation to the ordinary concurrent crimes. However, the sentencing guidelines for the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents against Victims F should be considered as referring to the sentencing guidelines.

[Extent of Recommendation] There is no basic area ( April-1) (special person) of the injury of a traffic accident (type 1).

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