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(영문) 의정부지방법원 고양지원 2013.07.10 2013고단625
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle of a Lewirs.

On October 02, 2013, the Defendant driven the above vehicle at around 09:40, and driven the road of three lanes in front of the Daesan-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in order to search the vehicle from the mountain to the speed of about 50 km each hour, depending on two lanes.

At the time, there is a crosswalk where a signal, etc. is installed, and thus, the driver had a duty of care to check whether there is a person who gets on a road by reducing the speed and checking the right and the right and the right and the right and the right of the driver and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, even though the vehicle's progress signal was changed to the stop signal, it was negligent that the victim D (the age of 21) who crossed the crosswalk from the right side to the left side in accordance with the pedestrian's new signals was taken over to the road.

As a result, the Defendant suffered damages to the victim due to the above occupational negligence, i.e., pulverization of the left-hand fluoral executives in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident investigation report;

1. A traffic accident report;

1. Photographs of alien vehicles;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of CCTVs and motor vehicle lockers);

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, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter “Suspension of Execution”) of the Criminal Code provides that the degree of negligence of the traffic accident in this case is heavy, and the victim caused a large number of traffic accidents in this case, which requires strict punishment against the defendant.

However, in full view of the agreement with the victim, criminal records, and all other sentencing conditions for the defendant, the sentence against the defendant was determined as ordered.

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