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(영문) 수원지방법원 안산지원 2016.08.26 2016고단2263
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 a period of 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 X-ray vehicle.

On May 19, 2016, the Defendant driven the above vehicle around 05:00, and proceeded to turn to the left at a speed of about 20 km at a speed of about 20 km from the inner distance of the 3-way elementary school at the new roads, the two-lanes in front of the D gas station in Ansan-si, Ansan-si.

Since there was an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the left-hand signals by reducing speed and keeping the left-hand side and right-hand side well.

Nevertheless, the defendant neglected this and proceeded to the left-hand turn in the front part of the above vehicle, and observed the pedestrian signal from the left-hand side of the front side of the above vehicle, and shocked the right side of the bicycle driven by the victim E who dried the crosswalk.

As a result, the Defendant suffered injury, such as the deprivation of abandonment, which did not go to the left-hand side in need of approximately 10 weeks medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to one year) of the type of ordinary traffic accidents, the scope of which is recommended, shall be limited to the scope of punishment;

2. The defendant's age, sex, environment, circumstances surrounding the instant crime, etc.

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