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(영문) 수원지방법원 여주지원 2019.08.09 2019고단543
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:30 on May 11, 2019, the Defendant, at the intersection of the Hongmun-dong, proceeded B bus at an irregular speed from C to the direction of terminal death distance.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving a motor vehicle to live well on the front side and the left side and safely driving the motor vehicle by complying with the traffic signal.

Nevertheless, the Defendant neglected this and caused the victim to go up to the floor by taking the front wheel part of the victim E (the 19-year-old driver) driving in the direction of D apartment in the direction of the terminal shooting distance, who is going to turn to the left in the direction of D apartment. The Defendant got the victim to go over the floor by taking the front front part of the port side of the bus.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, including 14 weeks of flasium, which requires medical treatment from the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of E;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to eight months from the scope of the recommendation sentence (not subject to punishment);

2. Determination of sentence shall take into account the degree of injury to the victim and the fact that an accident occurred due to a violation of signal, etc. of the sentence, and considering the favorable circumstances, such as the fact that time and reflects, agreement with the victim, and the fact that there is no record of punishment other than punishment imposed by a fine due to a crime of this species around 207.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, family, support relationship, etc., are considered.

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