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(영문) 수원지방법원 2016.03.04 2015고단6276
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 of a motor vehicle with sod motor vehicle B.

On October 13, 2015, the Defendant continued the road of four-lanes in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul, with four-lanes from the shooting distance of the film elementary school to the shooting distance of the Gu office in the front of the Gu office in the front of the movie elementary school.

At that time, the signal, etc. is installed, so in such cases, a person engaged in driving duty has a duty of care to reduce the speed, to live well before and after the road, and to drive safely in accordance with the new subparagraph.

Nevertheless, by negligence, the Defendant neglected this and did not see that the vehicle driving signal is a stop signal in violation of the signal and proceeded as it is, the Defendant received the left-hand bridge of the victim D (the age of 51) who passed the above road next to the above crosswalk in accordance with the crosswalk signals installed in the front direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim, such as scarcitying a chest that requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Suspension of Execution Act (the grounds for sentencing) [the scope of recommendation] general traffic accidents in the area of mitigation (and in -6 months] [Special Sentencing], which is disadvantageous to the defendant who violated the signal and the degree of the injury suffered by the victim is not easy: The negligence of the defendant who violated the signal and the degree of the injury suffered by the victim is recognized as a crime and reflectd, and efforts are made to rescue the victim after the accident.

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