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(영문) 수원지방법원 평택지원 2016.06.23 2016고단558
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On February 10, 2016, around 04:35, the Defendant driven the said car at a speed that would not be known to the front side of the D gas station in Pyeongtaek-si, while driving the said car at a three-lane, one-lane prior to the D gas station in Pyeongtaek-si.

At all times, there was an intersection and crosswalk in which signal lights are installed, and at night, there was a duty of care to drive safely according to the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, when the Defendant neglected to do so and proceeded as it was due to negligence while the front signal was changed in red, the Defendant received the front part of the said car from the right side of the victim E (70) who was walking on the left side from the direction of the Defendant’s proceeding to the left side of the road according to the pedestrian signals of the Madas crosswalk.

Ultimately, the Defendant suffered approximately 20 weeks of medical treatment due to the above occupational negligence, resulting in the Defendant’s exposure to the 1st century.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), proviso to Article 3 (1), Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommended sentencing guidelines of applicable O: consideration of all circumstances, such as the fact that no criminal history exists since April 1990 in the basic area (the injury of traffic accidents) of the type 1 (the injury of traffic accidents) of the general traffic accident, the subscription to the taxi mutual aid association, and the victim does not want the punishment of the defendant;

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