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(영문) 수원지방법원 성남지원 2015.06.10 2014고정2153
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

On September 2, 2014, at around 07:40, the Defendant driven the above vehicle at the intersection of the private distance in the Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-do, and driven the road on a speed of about 30km in the direction of the sex and the distance in front at the Suwon-dong community service center.

At all times, there was an intersection where signal lights are installed, so there was a duty of care to safely drive the person engaged in the driving duty according to the signal or instruction indicating the traffic safety facilities.

Nevertheless, the Defendant neglected this and received two-wheeled motor vehicle E in the victim D (Nam, 62 years old) driving in the right side of the proceeding direction to cross-section from the right side to the left side according to the yellow signal due to the negligence of entering the yellow signal, and received the middle part between the front front door and the rear door of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand shouldered salt, which requires approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident in D;

1. A traffic accident report;

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

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

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (it shall be taken into account the following circumstances: (a) the victim was present directly in this court and tried to take the Defendant’s front position; (b) the Defendant recognized the crime and reflects in depth; (c) the Defendant has no record of criminal punishment so far; and (d) the circumstances of the accident in this case and the circumstances before and after the accident;

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