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(영문) 수원지방법원 평택지원 2014.06.11 2014고단346
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On November 19, 2013, the Defendant driven the above cargo vehicle on November 21, 201:52, and led to a two-lane road in front of the shooting distance at the entrance of the Dong-gu apartment in Pyeongtaek-si, Pyeongtaek-si, one-lane from the front door of the two vehicles to the eporade airbbing area of the two vehicles.

At the time, the location is night, and the driver of the motor vehicle was engaged in driving the motor vehicle by a private-distance intersection with signal lights, and there was a duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to turn left due to the negligence in violation of the signal, and brought up the front part of the victim C (the 41-year-old driver) driver's d's d' (the 41-year-old driver's d's d' driver's d's d' driver's d's d' driver's d's k

As a result, the Defendant suffered injury to the victim C, such as blood transfusion, which requires approximately six weeks of medical treatment, due to the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the case where the defendant suffered serious injury on the part of the victim by negligence in violation of the signal, and the responsibility for the crime is not less severe, and the victim seems to have a permanent disability in the future. The circumstances unfavorable to the defendant, or the fact that the defendant recognized the facts charged in this case and reflects his mistake, the primary offender, the vehicle of the defendant is covered by the comprehensive insurance, and the agreement is reached with the victim.

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