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(영문) 수원지방법원 안양지원 2014.07.24 2014고단622
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On January 18, 2014, the Defendant: (a) driven a C concrete mixed truck and went to the direction of the Korea National University at the Kwipo University, when driving it on the top of Sinpo City; (b) was negligent in the course of business without confirming whether there is a person to build the crosswalk without violating the suspension signal; (c) made the victim D (V, 68 years old) towing the bicycle on the left side of the Defendant’s driving direction, leading the bicycle to the right side of the instant private road along the pedestrian signal, driving it over to the right side of the victim’s right side, leading the victim to the victim’s walking the above private road; and (d) suffered injury, such as external shocking, etc. on the part of the victim’s right side, which requires approximately 13 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2);

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on the photograph list;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture is that the Defendant, by disregarding and proceeding the signal of the intersection and the pedestrian signal of the crosswalk, putting the victim who has dried the crosswalk on the right side off the crosswalk, etc. The crime is heavier than the nature of the crime.

In addition, considering the fact that the defendant has a criminal record of a drinking driving fine in 2001 and 2004, and the victim wishes to punish the defendant properly, it is necessary to punish the defendant.

However, the defendant does not have any other criminal record than the above fine, the defendant confessions the crime from the investigation stage to reflect his/her mistake, the defendant's driver's vehicle is covered by comprehensive insurance, and the victim's "the defendant is several times."

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