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(영문) 수원지방법원 안산지원 2013.07.18 2013고단1027
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a Patom car.

On February 13, 2013, the Defendant driven the above vehicle around 14:20 on February 13, 2013, and driven the front road of the fourth apartment in front of the 4rd apartment at the speed from Incheon to the water source.

Since there is an intersection with signal apparatus installed at a front, a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and neglected to turn left to the straight signal, and received the bicycle right side part of the victim C (Nam, 78 years old) driving along the crosswalk from the water source to Incheon, according to the pedestrian signal, from the front side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as the 14 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident-related photograph, a traffic accident situation statement (C) and a medical certificate;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. In light of the method and result of the instant crime under Article 62(1) of the Criminal Act, there are circumstances unfavorable to the Defendant, such as the nature and circumstance of the instant crime, and the fact that the Defendant was extremely heavy, and that there was no agreement with the victim. However, there was no criminal conviction against the Defendant, and there was a significant change in the damage caused by the vehicle operated by the Defendant at the time of the instant traffic accident. The Defendant deposited KRW 5 million for the victim. The Defendant was in depth, and the social relationship of the Defendant is clear, and the detention of the Defendant entails excessive difficulty to the Defendant’s family members.

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