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(영문) 수원지방법원 2016.10.27 2016고단4085
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 7, 2016, the Defendant driven the above motor vehicle on June 12:45, and driven the two-lane road in front of the “Uinag Hospital” located in the Suwon-gu Tal-ro 2, Suwon-si, Suwon-si, Suwon-si, along the two-lane direction from the middle long distance direction.

Since the place has a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and followed the victim C (51 years old) and the victim D (46 years old) with the Defendant’s vehicle by negligence in the course of business, which violated and proceeded as it is, from the right side of the Defendant’s running direction, brought the above crosswalk to the left side of the Defendant’s running direction.

As a result, the Defendant suffered from the victim C’s occupational negligence, such as “lever cage cage cages,” which requires approximately 4 weeks of medical treatment, and the victim D suffered injury, such as “lum cage cage cage cages,” which require approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of recommending punishment] does not apply to regular concurrent crimes.

[Determination of Sentence] The degree of injury of victims, the defendant is against the defendant, the degree of injury was agreed with the victim D, and the victim was against the defendant.

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