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(영문) 춘천지방법원 2013.06.04 2013고단38
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 CM car.

On August 20, 2012, the Defendant driven the said car at around 09:55, and driven the said car, leading the three-lane road from the direction of Gangwon-do office to the south side distance.

Since signal lights are installed on the front side of that place, the defendant engaged in driving service has a duty of care to check whether there is any person who gets on the way to reduce the speed, to check the right and the right and the right and the right and the right and the right and the right are well and to drive safely in accordance with the new code.

Nevertheless, due to negligence of neglecting the fact that the vehicle progress signal is changed to a stop signal, the victim's front wheels part of the victim D (56 years old)'s bicycle front wheel part of the victim D (56 years old) with the rear door of the said vehicle's right side was cut off to the floor as it is.

The Defendant suffered from the Defendant’s injury, such as chest pressure pressure, etc. No. 12, which requires approximately 10 weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident, on-site map of a traffic accident, and a report on a traffic accident;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident-related photographs;

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, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the following reasons for sentencing)

1. Not less than one month but not more than five years, for credit cooperatives within the scope of punishment by law;

2. Scope of recommendation [the determination of types] according to the sentencing criteria, the basic area [the scope of recommendation] of the injury (the first category] of traffic accidents (the determination of the recommendation area], the basic area [the scope of recommendation area] from April to October of the credit cooperative.

3. Determination of sentence;

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