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(영문) 수원지방법원 안산지원 2013.07.17 2013고단1042
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 who is engaged in driving a C low-est car.

On January 31, 2013, the Defendant driven the above car at around 20:20, and got it to turn to the left at the right intersection of the office of the 4th parallel of the office of the king-gu, 1256, Sinri-si.

Since there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle and to safely proceed in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the Eone Star Co., Ltd. driven by the victim D (year 56) who was in direct control under the new subparagraph due to the negligence of left-hand turn even though the front-hand signal was sent to the front part of the said car.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the above D, such as minculization of the right sulverization for about 8 weeks, injury to the victim F (the age of 18) who was on the said car, such as salt, tensions, etc. of the franchis that requires a two-day medical treatment, and injury to the victim G (the age of 6) who was on the said car to undergo approximately 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs, signal cycle signs, and photographs of places of accident;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Alternative imprisonment without prison labor;

4. Suspension of execution under Article 62 (1) of the Criminal Act (such as the fact that the defendant has no same record as the defendant, the fact that he is subscribed to a comprehensive automobile insurance, and deposit three million won with the victim D);

5. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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