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(영문) 수원지방법원 안양지원 2012.06.21 2012고단137
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That 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 the operation of a small-scale taxi in C.

On December 31, 201, at around 05:00, the Defendant driven the above vehicle and stopped two-lanes of the three-lane road of the apartment space of military personnel living in the front of the training ground, in the front of the two-lanes of the apartment space of military personnel living in the front of the training ground, and installed the crosswalk at the front of the place. In such a case, the driver of the vehicle, after checking whether there is a pedestrian with the crosswalk, has a duty of care to safely prevent the accident, without checking whether there is a pedestrian with the duty of care to prevent the accident in advance, was the victim D (23 years old) walking walking at the right right side of the direction of the Defendant’s taxi due to the occupational negligence proceeding along the crosswalk, without checking whether there is a pedestrian with the crosswalk, and without confirming whether there is a pedestrian with the driver’s duty of care to safely and in advance.

The Defendant suffered from the injury of the victim, such as escape from a conical signboard with which the victim cannot know the days of treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Accident site and vehicle photograph;

1. Application of Acts and subordinate statutes governing video display;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

2. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution (see, e.g., the background of the occurrence of the accident and the fact that the Defendant’s driver’s vehicle subscribed to the mutual aid insurance), regarding the following facts in the instant indictment, the Defendant’s assertion that “the Defendant inflicted injury on the Defendant, by taking the victim, who was a frighter on the crosswalk, in excess of the floor and making him go beyond the floor, and thereby making him suffer injury on the frighter and the frighter, etc. in need

It is immediately suspended by the victim, and it is easy for the victim to take part in the loss.

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