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(영문) 수원지방법원 2013.08.29 2013고단1683
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 who is engaged in driving of a leisure car.

On February 16, 2013, the Defendant driven the said car on the 12:17th day of February, 2013, and driven the four-lane of the profit-making distance in front of the water-making ozone distance in the Dobong-gu in the Sinsan National University along the four-lanes from the side of the Agricultural and Fisheries University.

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 found the victim E (the 10-year old) who cross the above crosswalk from the left side of the road due to negligence without neglecting it even though it was a stop signal for the vehicle driving, and operated the above crosswalk to avoid it, but did not avoid it, and the victim's right side of the road was faced with the front side of the driver's seat of the above vehicle, and the victim's right side side side of the road was subsumed to the right side of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as the exposure of the upper right frame, for about 12 weeks of the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. The sentencing period under Article 62-2 of the Criminal Act, including the following: (a) there is no previous conviction against the defendant; (b) the injury suffered by the victim is not easy; (c) the Defendant’s driver’s vehicle is covered by a comprehensive insurance; and (d) the Defendant deposited KRW 7,000,000 for the victim; and (b) the punishment shall be determined like the disposition, taking into account

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