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(영문) 의정부지방법원 2013.11.19 2013고단3591
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 became final and conclusive.

Reasons

Punishment of the crime

On September 16, 2013, at around 07:55, the Defendant is a person engaging in driving of B-learning cars. On September 16, 2013, the Defendant is driving a road of 244-1 lanes in South-Eup, South-west, at a speed of about 40km from the right side of the west-do to the grri-ri speed. On the front side, there was a crosswalk where signal is installed at the front side, and the passage of the sunlight at the time was not good, so in such a case, the Defendant confirmed whether a person engaged in driving a motor vehicle has a duty of care to reduce speed and prevent accidents by driving the motor vehicle safely in accordance with the traffic signal, while neglecting the duty of care to prevent accidents in advance, the Defendant failed to take care of the victim's motor vehicle signal while driving the motor vehicle on the right side of the Defendant's right side and did not get the victim's right side to cross the above crosswalk, but did not stop the victim's right side.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes governing black stuffs, photographs and field photographs of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the defendant suffered serious injury to the victim due to the instant traffic accident, which led to the shock of the victim crossinging along the pedestrian signal at the crosswalk, but the nature of the crime is not good. However, the defendant appears to have led to the confession of the crime, the first offender, the agreement with the victim, and other matters.

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