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(영문) 수원지방법원 성남지원 2016.09.12 2016고단1696
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 who is engaged in driving a motor device or bicycle.

On April 21, 2016, the Defendant, at around 00:22, proceeded with 70 Donnam-ro Donnam-si, Sungnam-si, and 302 Donnam-do 302 Donnam-do, in the direction of 7 Dondong-gu, Sodong-gu, Donnam-do.

At the time, at night and at the front of that place, there are crosswalks where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle, etc. has a duty of care to reduce speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, even though the defendant neglected to stop, he proceeded in the direction of the shooting distance in the womb as it is, according to the head of the front school, he cut the crosswalk in the direction of the sperm middle school in the direction of the defendant's engine bicycle driving by the victim C(the age of 26) (the age of 26).

As a result, the Defendant suffered injury, such as cerebral cerebral cerebral cerebrovassis, focusing on the fact that there are no two main bodies in need of open treatment for approximately eight weeks by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting of a traffic accident (1) (2);

1. A medical certificate of injury (C);

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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