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(영문) 수원지방법원 안산지원 2013.03.08 2012고단2730
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the city bus.

On September 22, 2012, the Defendant driven the above vehicle on September 22, 2012, and driven it at a speed of about 30 km at a speed of about 30 km, depending on the two-lanes, from the 12nd bank to the 4nd bank of the lower bank.

At that time, the signal control by signal apparatus is an intersection in which the signal control is performed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and prevent the accident by driving the motor vehicle safely in accordance with signals.

Nevertheless, the Defendant neglected this and did not stop even though it was a red signal, and followed by the negligence of proceeding in violation of the signal, and the Defendant’s direction left side from the right side of the Defendant’s proceeding to the left side side of the victim E (the age of 45) driving, who was in progress according to the normal signal, received the left side part and the side side of the above vehicle by the Defendant’s right side.

Ultimately, the Defendant suffered injury to the victim, such as “an in-depth brain wound with no open address in the two sides,” which requires approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances, etc., for the reasons of sentencing) is very serious in the degree of injury suffered by the victim due to the instant accident (the victims have returned to their consciousness since the accident, but have not been communicating with each other, and the body condition is not good when performing brain operations). In violation of the signal.

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