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(영문) 수원지방법원 안산지원 2013.03.21 2013고단39
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a B B B B B or a car.

On December 25, 2012, the Defendant driven the above vehicle on December 16:55, 2012, and led the four-lane road in front of the agricultural cooperative in the luminous East East-do to drive at an insular speed along four-lanes from the parallel of Geumcheon-do.

On the other hand, since there is a crosswalk where signal lights are installed at the front door, the person engaged in driving service has a duty of care to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed even when the signal was changed to the stop signal of the vehicle, and found the victim C (here, 71 years old) who cross the crosswalk from the right side of the vehicle to the left side in accordance with the pedestrian signals of the Defendant’s pedestrian safety, delayed detection of the victim C (here, 71 years old) and operated the crosswalk in order to avoid this, but did not avoid the situation, and did not go beyond the road by receiving the victim’s bridge from the front side of the

As a result, the Defendant suffered injury to the victim, such as a satisfying, closing, etc. of the upper part of the body (T11 and T12) that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A criminal investigation report (general);

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

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. Although the illegality of the instant crime under Article 62(1) of the Criminal Act is serious, the fact that the Defendant took relief measures after the accident, the fact that the Defendant’s mistake is seriously against himself, the fact that the Defendant’s vehicle has agreed with the victim, the fact that the Defendant’s vehicle is covered by the comprehensive motor vehicle insurance, and the Defendant’s fine exceeds that.

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