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(영문) 수원지방법원 2016.06.29 2016고단1988
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 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 motor vehicle B.

On February 22, 2016, the Defendant moved to the right of way at a speed of about 20 km from the side of Hanjin Apartment apartment to the right of way at a speed of about 10 km from Hanwon High School, which is about 182 degrees in front of Hanwon High School.

Since there are continuous crosswalks where signal lights are installed, there was a duty of care to prevent accidents in advance as well as to reduce speed to persons engaged in driving motor vehicles, and as to whether there is no person to wear the crosswalk, it was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and did not discover the victim C (Woo, 87 years old) and received the victim in front of the passenger car of the Defendant in front of the passenger car by failing to discover the victim C (Woo, 87 years old) from the right side of the Defendant in a state where the yellow light, such as signal, etc. of mad vehicle is on-and-off by negligence that did not look at the front.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., cutting the body part of the pelvis that is in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no person who has the basic area ( April -10) (the person who is subject to special sentencing) of the type 1 (the injury by traffic accident) [the person who is subject to special sentencing] [the sentence] unfavorable circumstances: the person who gets involved in the crosswalks the victim is sufficient and the degree of the negligence and the victim's injury is not easy: the victim's injury is recognized, and the victim's injury is to provide relief after the accident.

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