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(영문) 수원지방법원 성남지원 2015.08.27 2015고단1066
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On April 28, 2015, the Defendant driven the said car on April 28, 2017:59, and continued to drive the said car at approximately 60 km in the speed of 430 kilometers in front of the 301-ambol apartment in the direction of the end of the punishment road, along the four-lane road in front of the 301-ambol apartment in the direction of the end of the punishment road.

On the one hand, there is a crosswalk where signal lights are installed, so it is necessary to confirm whether a person engaged in driving of a motor vehicle is a person to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded without finding the victim D(21) who cross the crosswalk from the right side to the left side in accordance with the pedestrian signals due to the negligence that continued to proceed at the same speed while the signal is not a traffic signal for the vehicle, and without finding the victim D(21) who cross the crosswalk from the right side of the motor vehicle of the defendant, thereby going beyond the ground after receiving the body part of the above victim from the front side of the motor vehicle of the defendant.

As a result, the Defendant suffered injury, such as flavers and flaversing, which require approximately 12 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, and Selection of imprisonment without prison labor;

1. Where the reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] is serious in the area of aggravation (8 to 16 months) of the category 1 of the general traffic accident (the injury of traffic accidents) [the person under special circumstances] in the proviso of Article 3(2) of the Specialized School Act [the decision of sentencing] of this case, the crime of this case is committed by the victim who was placed a crosswalk by receiving a pedestrian signal.

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