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(영문) 수원지방법원 성남지원 2013.03.21 2013고단172
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 10:50 on September 3, 2012, the Defendant, who is engaged in driving Bran-do, driven the said car and proceeded at a speed of about 40 km per hour at a speed of about 40 km in front of the public playground located in Kimpo-si, Kimpo-si, toward the direction of the original horse in the direction of Kimpo-si.

Since the above road was a two-lane road with a narrow width, a person engaged in driving of a motor vehicle has a duty of care to safely drive the road in accordance with the traffic condition of the road and prevent accidents in advance.

Nevertheless, the defendant neglected the duty at the front time, and found the victim C (the age of 79) who was crossing the road from the right side of the vehicle on the front side of the vehicle in the mamad-e-e-e-e-mail to the left side and immediately stopped, but it did not fall short of the situation, and caused the victim to go beyond the floor by shocking the body of the victim with the front part of the vehicle operated by the defendant.

As a result, the Defendant caused the victim to suffer from multiple cerebral cerebrovassis due to the above occupational negligence, thereby getting the victim to become in a state of unknown consciousness, by getting the victim to become in a state of unknown consciousness.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinions of opinions;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The punishment shall be determined by comprehensively taking into account the following factors: the reason for sentencing under Article 62(1) of the Criminal Act is against the defendant; the defendant has agreed with his family; the defendant has no record of punishment heavier than that imposed; the victim's unauthorized crossing accident occurred; the victim's character and behavior; and the attitude after committing the crime;

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