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(영문) 수원지방법원 성남지원 2016.05.12 2016고단400
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 car B.

On December 21, 2015, when the Defendant drives the above vehicle at around 07:40 on December 21, 2015, and proceeding one lane of 20,000 from the entrance of the apartment site at the direction of Sungnam-si, the Defendant suffered from the victim C (78 years of age) and the victim D (74 years of age) on the front part of the Defendant’s vehicle in order to provide approximately 10 weeks medical treatment on the front part of the apartment site. In such a case, the driver of the vehicle is a road with a crosswalk installed on the front part, and as such, the driver of the vehicle has a duty of care to check whether there is a pedestrian with the crosswalk, and to prevent the accident from occurring. However, the driver of the vehicle has a duty of care to care to check whether there is a pedestrian with the crosswalk, and thereby, the driver of the vehicle is negligent in proceeding with the driver’s negligence, and the driver of the vehicle sustained the victim’s injury to the left part of the vehicle, such as kne and the left part of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that he/she has no previous record and the fact that he/she is covered by the comprehensive motor vehicle insurance);

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