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(영문) 수원지방법원 2012.10.24 2012고단4071
교통사고처리특례법위반
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for four months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2012, at around 18:10 on September 4, 2012, the Defendant driven a low typ vehicle B, and proceeded at the front of the Suwon-gu C apartment at the spons box box, thereby leading to a three-lane intersection.

However, there are crosswalks installed on the front side of the road when turn to the left at the C apartment room, so the driver of the vehicle has a duty of care to check whether there is a pedestrian by temporarily stopping or slowly driving on the left, and to properly manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the defendant neglected this and proceeded to turn to the left at the speed of 15 km per hour on the above side, and the victim D (the age of 29) who walked to the port from the right side of the driving direction of the defendant's vehicle at the time-mash-in, delayed detection of the victim D (the age of 29) who walked to the right side of the above vehicle, did not escape, and did not collision the victim's bridge to the right side of the above vehicle, so that the victim

As a result, the Defendant caused the victim to suffer injury, such as blood transfusion, which requires treatment for about eight weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A copy of a medical certificate, or a comparison with another person;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. 형의 선택 금고형 선택 [피고인의 과실과 범행 결과가 무거운 점을 감안하여 위 형을 선택한다. 대법원 양형위원회가 공개한 양형기준에 의하면, 이 사건은 일반 교통사고 제1유형의 기본영역에 해당하여 권고형량범위는 금고 4월 ∽ 10월이고, 집행유예는 선택 가능한 경우이다. ]

1. The fact that the defendant, who is the first criminal of Article 62(1) of the Criminal Act, committed a crime under the suspended execution, has agreed to do so with the victim, and driving of the defendant.

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