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(영문) 수원지방법원 안산지원 2016.03.17 2015고단2623
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 a period of 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 the duty to drive a knife in the DFland owned by C.

On May 2, 2015, the Defendant driven the above van on the 20:50 on May 22, 2015, and led to the passage of the road in front of the Dongwon-gu E in Ansan-si from the 8th intersection through the 7th parallel of Silsan-si.

At the time, it was a one-lane road in which there was no street lamps at all times and there was a duty of care to safely drive a person engaged in driving a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and got the victim F(73) who was unclaimed on the right side from the left side of the course direction due to negligence, and got the victim F(73) to the front part of the said passenger car.

Ultimately, the suspect suffered injury, such as the cage of cage cage cage cages, etc., from the victim due to the above occupational negligence for about 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute described in the actual survey report, traffic accident occurrence report, and injury diagnosis report (F);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The scope of punishment for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be limited to the range of general traffic accidents (the injury caused by traffic accidents) [one to six months] under the mitigated range of punishment [the victim], when there are considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim suffered relatively serious injury, and the victim did not reach an agreement with the victim, choose imprisonment without prison labor, but without prison labor in consideration of the circumstances that led to the instant accident by passing the victim's unauthorized crossing, the defendant shows an attitude against the instant crime, and the defendant has no record of crime other than fine, set the term of imprisonment with prison labor and execute imprisonment without prison labor.

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