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(영문) 수원지방법원 평택지원 2015.07.10 2015고단721
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 who is engaged in driving freight B.

On March 20, 2015, at around 19:15, the Defendant was straighted from the front side of the decline apartment to the Gongdo-ro of the Gongdo-Eup at Ansan-si on March 20, 2015.

The right of way was made.

Since it is prohibited that a motor vehicle that runs on the right-hand turn or left-hand turn from the right-hand side of the down-distance side is prohibited, there was a duty of care to prevent accidents in advance by driving the motor vehicle according to the new code and failing to make a left-hand turn or U-turn.

Nevertheless, the Defendant neglected to turn to the left by negligence and received the left part of the motor system bicycle driving by the victim C(81 years old) who enters the intersection to turn to the left from the right edge of the apartment space to the right edge of the decline.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the Defendant, such as the left-hand kne-fe-feling and the fel-feling fele-feling, etc., and the injury to the victim D (V, 7 years old), who is the passenger, about about 10 weeks of treatment, such as the right fel-feling and the non-fel-feling feling flad, etc., respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general traffic accidents in Article 62(1) of the Criminal Act, the area of mitigation (one to six months) [Special Mitigation] (including a serious effort to recover from traffic accidents], and penalty not (including a serious effort to recover from damage].

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