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(영문) 수원지방법원 2014.04.17 2013고단7157
교통사고처리특례법위반
Text

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

However, 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 engaging in driving vehicles B.

On September 10, 2013, the Defendant driven the above vehicle on September 4, 2010, while driving the vehicle at a speed of 10:40, the Defendant driven the three-lane road in front of the Hanwon apartment at the time of hand-on, along three-lanes from the distance of hand-on to the distance of the same orchard.

In this case, the driver of the vehicle has a duty of care to check whether there is a person driving the vehicle, and to safely drive the vehicle according to the traffic signal, thereby preventing the accident in advance.

Nevertheless, by negligence, the defendant neglected the front-time signal while driving in violation of the signal while the signal was stopped, found late after the victim C (if 69 years of age) crossing the crosswalk from the left-hand side in accordance with the pedestrian signals, and took an urgent action, but did not stop, and turned the victim into the ground by taking the right-hand part of the front-hand part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the twelve-day period of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and consideration given to the fact that vehicles driven by the defendant are covered by comprehensive insurance);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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