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(영문) 수원지방법원 성남지원 2014.06.12 2014고단570
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

around 17:30 on January 24, 2014, the Defendant driving a Cbenz car, which led to the flow of the Gwangju Police Station in accordance with the first-lane of the roads located in Gwangju City 149 and the first-lane of the roads in front of Gwangju City.

In this case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian on the crosswalk and to accurately operate the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, and the Defendant received the victim D (the age of 11) who walked along the crosswalk from the left side of the right side of the Defendant’s running direction to the right side of the road, following the left side of the Defendant’s car, and followed wheels.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as sacriff and sacriff, which require approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see the reasoning of sentencing) is that the victim, who is aged under the instant traffic accident due to the instant traffic accident, has suffered any unfavorable injury. However, in this court, the defendant is under the agreement between the victim and the victim, that the victim does not want the punishment for the defendant, that the vehicle involved in the accident is covered by the comprehensive insurance, that there is no record of punishment except for the one-time fine, that there is no history of punishment except for the one-time fine, and that there is against the mistake, and the details and result of the instant crime, and the age of the defendant.

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