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(영문) 수원지방법원 안양지원 2019.01.24 2018고단1929
교통사고처리특례법위반(치상)
Text

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

However, 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 B-learning car.

On October 1, 2018, the Defendant proceeded at a speed of about 50 km in the speed of 50 km from the edge of the punishment road to the speed of 50 km along the road of the 5-lane 5 lane in front of the Gu C building in Ansan-si around 16:02.

Since a crosswalk and traffic signal are installed, there was a duty of care to check whether a person engaged in the driving of a motor vehicle is crossing the road thoroughly in front of the road and to safely operate the road according to the traffic signal.

Nevertheless, the Defendant neglected this and proceeded without stopping even though the traffic signal was a stop signal, and the Defendant took the front part of the victim D(59 years old) driving, which crosses the crosswalk from the left side of the above road to the right side of the crosswalk, as the front part of the ECR110 motorcycle, which crosses the road.

As a result, the Defendant suffered injury to the victim, such as a thring of 8 weeks off the right frame, which requires treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The responsibility of an order to attend a lecture is heavy in light of the fact that the victim suffers serious injury by negligence of the defendant's violation of the signal signal by the reason of sentencing Article 62-2 of the

However, it is decided as per the disposition in full view of the fact that the defendant is against the defendant, that the vehicle is covered by the comprehensive automobile insurance, that there is no criminal power, and that there is no other various sentencing conditions.

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