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(영문) 수원지방법원 평택지원 2015.09.18 2015고단876
교통사고처리특례법위반등
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 the Grand Britain.

At around 05:50 on February 13, 2015, the Defendant driven the above van, which led to the left turn to the front of the E-cafeteria D at Ansan-si.

Since the yellow light is an intersection with on-and-off lights, there was a duty of care to prevent accidents by yielding the course to the vehicle when there is another vehicle seeking to enter the intersection.

Nevertheless, the Defendant neglected to do so and did not properly look at the existence of other vehicles to enter the intersection, and was negligent in entering the intersection as is, and instead, by the negligence of entering the intersection, the part of the victim F (38 years old) driven by the two-lanes from the inside of the inside of the inside of the road, which was driven by the victim FF (38 years old) with two-lanes.

Ultimately, the Defendant caused injury to the victim, such as salt ties and tensions that require treatment for about two weeks due to occupational negligence as above, and at the same time damaged the above cargo to the extent that the repair cost of KRW 58,690,000, such as the full complete tower exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The report on traffic accident (the actual survey report);

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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. Although the sentencing of Article 62-2 of the Criminal Code of the Social Service Order is reasonable, the Defendant’s liability is not less severe in light of the fact that the physical damage caused by the instant traffic accident was not recovered. However, the Defendant is the instant case.

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