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(영문) 수원지방법원 안산지원 2016.09.20 2016고단2399
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning passenger cars.

On June 15, 2016, the Defendant came to turn to the left one way among the two-lanes in the direction of Ansan in the direction of viewing in the way of Ansan in the direction of the members of Ansan-si, 661-1 located in Ansan-si. 661-1.

Since there is an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to safely pass the intersection by complying with the signal.

Nevertheless, the defendant neglected this and neglected to turn to the left and violated the signal, and caused the victim C (the 59 years old) who was walking a bicycle on the right side from the left side of the road driving direction of the defendant, through the crosswalk for pedestrian driving on the right side.

As a result, Defendant 1 suffered injury, such as a chest pressure 12, which requires approximately 10 weeks of treatment due to such occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Data on video records of black boxes;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a report on the occurrence of traffic accidents;

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the Defendant, in violation of the signal, committed a serious injury to the victim; (b) however, having agreed with the victim; (c) having fulfilled relief obligations after traffic accidents; and (d) having comprehensively taken account all the conditions of sentencing indicated in the record, such as the Defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime, etc., setting the same sentence as the order within the scope of recommendation (basic area

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