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(영문) 수원지방법원 2014.11.05 2014고단3304
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 a CP car.

On April 13, 2014, at around 09:00, the Defendant came to turn to the left at the right hump from the sloping Dog-gu, the king-gu, the king-gu, the king-gu, the king-gu, the king-gu, the king-do.

Since there is an intersection where signal lights are installed, the driver has a duty of care to prevent accidents by driving safely according to the new code.

Nevertheless, the Defendant received the front part of the vehicle driving seat in front of the vehicle driving by the Defendant, which was driven by the victim D (W, 48 years old) who was under direct control pursuant to the new subparagraph, due to the negligence of left-hand turn in contravention of the signal.

Ultimately, the Defendant suffered, from the victim F (the age of 14) who was on the back seat of the auxiliary seat of a vehicle driven by the Defendant due to such occupational negligence, the injury of the inside and bottom of the floor necessary for a medical treatment for about six weeks, the injury of G (the age of 46) who was on the back seat of the driver’s seat of the same vehicle, such as cutting down the frame of the part of the body part of an unidentified in need of a medical treatment for about ten weeks, the injury of the victim H (the age of 46) who was on the part of the auxiliary seat of the damaged vehicle requiring a medical treatment for about six weeks, and the injury of the victim H (the age of 46) who was on the part of the auxiliary seat of the damaged vehicle requiring a medical treatment for about twelve weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of D police statement;

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

1. Article 3 (1) and the proviso to Article 3 (2) 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) (the factors for mitigation of punishment) are as follows: efforts to recover damage caused by failure to punish.

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