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(영문) 수원지방법원 안산지원 2015.04.22 2014고단1163
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On March 27, 2014, the Defendant driven the said car on March 27, 2016:05, and continued to drive the said car at approximately 20km from the coast to the Gun Western Middle School along the two-lanes in front of the Gyeonggi National Institute of Science and Technology, according to the city-scopic copic games.

At the same time, there was a crosswalk in which signal lights are installed, so there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well, and to safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and continued to go beyond the floor of the victim C(73 years old) driving a bicycle riding on the right side of the crosswalk in accordance with the pedestrian signals by negligence while the signal is changed to the stop signal of the vehicle. However, the defendant got the victim a bicycle front part of the victim C(73 years old) driving on the right side of the crosswalk and let the victim go beyond the front part of the driver's seat of the vehicle.

Ultimately, the Defendant suffered injury to the victim by the above occupational negligence, such as pressure pressure duplicating the four mains, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident reports and photographs on the scene of accident;

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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the reason for sentencing examined below) is [the scope of recommendation] the reason for sentencing under Article 62(1) of the Criminal Act, and there is no basic area (4 to 10 months) of the first type of general traffic accident (the injury of traffic accidents) [the decision of sentence] [4 months of imprisonment without prison labor, one year of suspended execution is against the defendant, and one year of suspended execution is against the victim, and damage to the victim can be repaid.

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