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(영문) 수원지방법원 2014.07.10 2014고단2005
교통사고처리특례법위반
Text

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

except that 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 small amount of Category C or another car owned by B.

On March 28, 2014, the Defendant driven the above vehicle at around 02:30 on March 28, 2014, and driven the road in front of the “Dongwon Station” as the border water in the Suwon-gu, Suwon-si, Suwon-si. The Defendant passed the crosswalk at a three-lane 5-lane road from the surface of the Changwon-si to the surface of the Suwon-si, Seowon-si.

There is a signal apparatus installed, and there was a duty of care to enter the crosswalk stop line according to the new code and to operate safely by checking the way side well.

Nevertheless, by negligence in violation of the signal, the Defendant got the victim D(54 years old) who crosses the road to the right side from the left side of the road in the direction of the course of the vehicle involved in the accident, driving the bicycle on the right side of the victim D(the 54 years old) who crosses the road on the right side, and caused the victim to suffer the injury of the victim on the left side, which requires medical treatment of about 8 weeks of the vehicle involved in the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition of traffic accidents;

1. Blue image;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 (Death resulting from Traffic Accidents) and the special mitigation area (one to six months) (Special Mitigation) where there is considerable negligence for the occurrence of traffic accidents or the expansion of damage to victims, the decision not to punish victims (including efforts to recover damage), [the decision not to punish] Defendant reflects his mistake, and the fact that there is no record of the same kind of crime shall be determined as the order, taking into account all the conditions of sentencing.

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