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(영문) 수원지방법원 2013.03.21 2012고단6183
교통사고처리특례법위반
Text

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

except that 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

The Defendant is a person engaging in driving a rocketing car.

On July 2, 2012, the Defendant driven the said car on July 2, 2017:50, and driven the two-lane road in the Jinnam-dong in the Jinsung-si, Jinsung-si, along the two-lanes from the Jinnam-si, to the bottled area from the Jinnam-si, the Defendant proceeded at a speed of about 50km per hour.

Since there is a place in which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with the victim D (70 years old) crossing the crosswalk on the vehicle straight line signal due to negligence, which led to the shock of the above car driving seat.

Ultimately, the Defendant caused the victim to suffer serious injury, such as liver heat, which requires medical treatment for about 12 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) actual condition investigation report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentence shall be determined as ordered in the light of the matters prescribed in Article 51 of the Criminal Act, such as the fact that the injury suffered by the victim for the reason of sentencing under Article 62 (1) of the Criminal Act is serious, the fact that the vehicle driven by the defendant is covered by a comprehensive insurance and the treatment expenses, etc

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