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(영문) 수원지방법원 2016.08.18 2016고단2576
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On July 20, 2015, the Defendant was driving the said car in front of the Gangwon apartment apartment road in Suwon-gu, Suwon-si, Suwon-si, which is the front side of the right to instigate the right, and the Defendant was driving the said car into the front side of the right to use the right to use the right to use the grix distance from the front intersection distance of the day.

Despite the duty of care to ensure that a person engaged in driving of a vehicle has a driving duty of care to drive the steering gear, steering gear, and other devices accurately, the defendant, while neglecting this duty, has met the victim ( South, 24 years old) who crosses the road at the location of the road due to negligence in the course of driving the vehicle due to negligence in the course of duty.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion, within the two external traumas requiring approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic information CCTV images;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of injury among victims);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Criminal Act / [No person in charge of special sentencing] / [Determination of sentence] / [No person in charge of special sentencing] / Although the defendant's negligence caused the instant traffic accident, the defendant's negligence is not a significant degree of negligence of the victim who illegally crossed the road six-lanes without permission, the victim was injured during the instant accident, the defendant was admitted to the liability insurance, and the damage was not recovered properly, the defendant did not have a criminal record exceeding the fine, the defendant's age, sexual behavior, environment, etc. are considered.

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