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(영문) 수원지방법원 2017.09.19 2017고단3977
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Criminal facts

[criminal records] On May 11, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the support of Suwon Friwon, and such sentence became final and conclusive on May 19, 2017.

[Criminal facts] The Defendant is also a person who is engaged in driving a C car.

On February 21, 2017, the Defendant driven the above vehicle at around 09:40 on February 21, 2017, and moved to the right right right at a speed of about 5 km in the direction of the apartment in the direction of the D cafeteria, where it is treated on the front of the D cafeteria.

Since there is a crosswalk without signal on the front side, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right of the front side and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and confirmed whether there is a vehicle going straight on the left side prior to the entry into the intersection, and led to a right-hand side of the Defendant’s vehicle to cross the crosswalk from the right-hand side to the left-hand side, and did not look at the victim E (V) who crosses the crosswalk from the right-hand side of the direction-hand side of the direction, and had the victim go beyond the road upon receiving the victim’s first side from the Defendant’s vehicle, and followed up both of the victims

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as light flusium and complex flusium flusium, which require approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. On-site inspections and photographs of accidents;

1. Previous convictions in judgment: Application of investigative reports (verification of the facts under a suspended sentence A)-related Acts and subordinate statutes;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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