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(영문) 수원지방법원 여주지원 2014.11.10 2014고단645
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 the C Poter, Spos, Spos, and to capsf trucks.

On June 27, 2014, the Defendant driven the above cargo vehicle at around 13:00, while proceeding along the direction opposite to the Defendant, from the right edge distance to the right edge of the Arithast road in front of the Man-si, Echeon-si.

It is an intersection where signal lights are installed, and the U.S. is not allowed, so the defendant has a duty of care to drive safely according to the signal and instruction.

Nevertheless, the Defendant neglected this and was driven by the victim D(18 years old) who was driving from the direction of the sending distance to the sending distance from the direction of the Arabic distance by the fault of an internship in contravention of the signal signal at a place where U.S. is not allowed to be used as an intern, and was driven by the victim D(18 years old) in front of the instant cargo vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the above victim by occupational negligence, such as escape from the right mouth, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Reports on the occurrence of a traffic accident and photographs of accident sites;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act does not include the degree of damage, it is ordered as ordered in light of the following: (a) the defendant has agreed with the victim; (b) the fact that the defendant has subscribed to a comprehensive insurance; and (c) the defendant who has no particular criminal record confessions

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