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(영문) 수원지방법원 안산지원 2015.08.17 2015고단2099
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

On June 29, 2015, at around 17:03 on June 29, 2015, the Defendant driven a c pressle van, and led to moving the ridge distance from the Jinsan-si, Ninsan-si, Ninsan-si, to the Sihung-si.

There are three-distance crossings in which crosswalks are installed, so in such cases, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the road.

Nevertheless, the defendant neglected this and proceeded as it was due to the negligence of the defendant's failure to stand, and the victim D was placed in front of the above line, which gets a road along the crosswalk from the right side of the defendant's direction to the left side of the crosswalk pursuant to the pedestrian pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as a flag, which requires medical treatment for about 14 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A photograph of a witness's vehicle boomor image to cut;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service and orders to attend lectures;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Scope of recommendations on the sentencing criteria: Basic area of the first category of traffic accidents between April and October of the credit cooperative.

3. Determination of sentence yet has not yet been agreed with the victim, but considering the fact that the defendant is led to confession and reflects, that the defendant's vehicle is likely to recover significant part of the damage suffered by the victim because the defendant's vehicle is covered by the comprehensive motor vehicle insurance policy, and that the defendant has no previous case.

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