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(영문) 수원지방법원 성남지원 2015.02.05 2014고단2915
교통사고처리특례법위반
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

Criminal facts

On October 17, 2014, the Defendant driven the B rocketing car as of October 17, 2014, and proceeded into the Hanam Fire Fighting Zone, which is located in the 76-ro of the Hanam-si, Hanam-si, the two-lane, one-lane, one-lane, one-lane, one-lane, one-lane, one-lane, two-lane, two-lane, two-lane, two-lane, two-lane, one

Since the location is an intersection with signal apparatus installed, in such a case, the defendant engaged in driving of a motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and keeping the front left well.

Nevertheless, the Defendant neglected this and proceeded as it was, disregarded that the vehicle driving signal is changed to a stop signal, and caused the collision between the right side of the victim C(19 years old) driving and the part on the left side of the Defendant's car, which was directly directed to the right side of the victim C(19 years old) driving in the direction of the defendant's running.

As a result, the Defendant suffered injury to the victim, such as the right-fashion frame, which requires approximately seven weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning field and black stuff photographs;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant suffered a severe injury due to gross negligence in violation of signal signals as indicated in its holding, and thus, the crime is not weak, but it appears that the damage equivalent to the comprehensive insurance covered by the accident vehicle has been recovered on the other hand, and the defendant deposits KRW 3,00,000 for the victim in this court.

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