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(영문) 수원지방법원 성남지원 2019.05.21 2018고단2750
교통사고처리특례법위반(치상)
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

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person engaging in driving a two-wheeled vehicle B W125.

On June 26, 2018, the Defendant driven the above two-wheeled vehicle on June 26, 2018, and driven the road of five-lanes in front of Sungnam-si, Sungnam-si, with one-lanes in the direction of Taenam-si in the direction of Taenam-si from the Gacheon basin.

Since there are crosswalks where signal lights are installed on the front door, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to check well the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected the stop signal and received the victim D (the age of 64) who has dried the crosswalk from the right side of the Defendant's proceeding to the left side of the pedestrian signals, as the front side of the two-wheeled automobile of the Defendant.

After all, the Defendant suffered injury to the victim, such as an influence of the left 16 weeks of medical treatment due to the above occupational negligence, such as an influence of the left fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, closure photograph of the accident image, and 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentences under the law on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of recommended sentences [decision of type] according to the sentencing guidelines from January to five years of imprisonment without prison labor [Article 1] The general traffic accident commission [Article 1] the injury caused by traffic accident [Special Aggravation]: In cases where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (excluding the area of recommended and the scope of recommended sentences] is heavier.

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