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(영문) 수원지방법원 평택지원 2015.09.04 2015고단784
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 of a C Poter cargo vehicle.

On April 3, 2015, the Defendant driven the above cargo vehicle at around 09:45, and led to the road of three lanes in front of the Dor intersection, which is in the safe city, along the three-lane from the side of the Ansan Public Health Center to the same luminous apartment.

At all times, there was an intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, by disregarding the stop signal, the Defendant was driven by the victim D (the 60-year old) who was driven by the victim D (the 60-year old) under normal signals from the right side of the Defendant’s running along the intersection as it was due to the negligence of entering the intersection as it is, and instead, received the front part of the E Costa

Ultimately, the Defendant suffered injury to the victim D, such as the fourth brain pathy that requires treatment for about six months and one-year period of time, and injury to the victim F (the age of 84) who was injured by the Defendant’s cargo vehicle, such as a cage cage cage cage cage cage cage cage cage cage cage cage cages

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police in D;

1. The actual condition survey report on traffic accidents and photographs of traffic accidents;

1. Application of each written diagnosis (D, F) statute;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria are not applicable as they fall under the ordinary concurrent crimes in the application of the sentencing criteria, and the sentencing criteria are not applied, so the recommendation type (the basic area ( April to October) on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be taken into account; and

2. The decision-making defendant has violated the signal;

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