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(영문) 수원지방법원 평택지원 2015.07.16 2015고단719
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On January 27, 2015, the Defendant, who is engaged in driving of B-type cargo vehicles, driven the above vehicle at a speed of about 70 km from the right side of Pyeongtaek-si to the speed of about 20 km along two lanes. At the night at the time, the vehicle is an intersection where the signal and the crosswalk are installed, and the person engaged in driving the vehicle is an intersection where the signal and the crosswalk are installed, and the vehicle has a duty of care to check whether there is a person who flick the front and right side and prevent the accident by driving the vehicle safely under the new subparagraph, but the Defendant was negligent in driving the vehicle on the right side of the right side of the victim E (the age of 38) who flicked the crosswalk in accordance with the walking signal at the left side due to the occupational negligence, and sustained the victim by taking care of the part of the victim E (the age of 38) with the left side side of the road, and suffered the injury of the victim and the victim during the day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to requests for cooperation in investigation, such as a fact-finding survey report, traffic accident occurrence report, field photograph, diagnosis certificate, and request for cooperation in investigation;

1. Determination as to whether Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, conditions favorable to sentencing of imprisonment without prison labor: Confession, comprehensive insurance coverage, heavy penalty power, family relation circumstances: no possibility of recovery from serious injury (no possibility of recovery from eyesight), gross negligence, circumstances after the crime (no effort is made for recovery of damage) and the sentencing guidelines for the victim's intention to punish [Determination of punishment] Determination as to whether or not applying the sentencing guidelines for the ordinary traffic accident [Article 1] (Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents (Article 1).

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