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수원지방법원 성남지원 2015.09.24 2015고단1634
교통사고처리특례법위반
Text

A defendant shall be punished by imprisonment for not less than five 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 who is engaged in driving a low-speed car B.

On August 4, 2015, the Defendant driven the above car at around 07:55, and led to the passage of it bypassing and passing through the intersection of the set-off distance in the 126-1 of the 201stmbol-dong 126-1 of the Gwangju city, at the lower-west city.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the front door, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and failed to discover the victim C (the age of 26) who crosses the crosswalk from the left side to the right side in accordance with the pedestrian signals due to the negligence of passing the intersection to the right side in order to make a bypass the signal even though the signal was a stop signal, and did not find the victim C (the age of 26).

The Defendant suffered injury to the victim by occupational negligence, such as a ductal of ductal aggregate, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident or a statement on the occurrence of a traffic accident;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Selection of Imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Article 62(1) of the Criminal Act and there is no basic area (four to ten months) (the person causing traffic accidents) (the special person] [Pronouncement decision] comprehensive insurance coverage, victim and criminal agreement, etc.