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(영문) 수원지방법원 2016.02.04 2015고단4504
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 driving a vehicle with C low Pest another car.

On November 23:19, 2015, the Defendant driven a high-speed car with the above high-speed around November 23:19, and came to go from the long-distance distance to the court of law from the long-distance distance of the water source to the long-distance distance of the court.

At night, the traffic signal was installed at the front of the night, so there was a duty of care to reduce the speed and safely proceed as well as to prevent the accident in advance.

Nevertheless, the defendant, as a result of the fact that the defendant was straighted in yellow fluor, caused the victim D(16) unauthorized crossinged by the crosswalk in a red situation where the pedestrian signal is red, and caused the victim to go beyond the ground by shocking the front part of the high typ car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the period of 20 weeks or more, such as sexual intercourse, which requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to medical certificates and written opinions on whether an injury occurs;

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 (Selection of Imprisonment without prison labor);

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

1. The reason for the sentencing of Article 62-2 of the Social Service and Criminal Act [the scope of recommendation] of the general traffic accident [the scope of recommendation] where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim (one month to six months) mitigation area (special mitigation (special mitigation)], the father E and agreement of the victim was concluded.

/ In the event of serious injury (one type of sentence) (the decision of sentence), together with the circumstances presented as the person subject to special mitigation (aggravating) and the sentencing conditions, such as the defendant's reflection and the primary offender.

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