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(영문) 수원지방법원 평택지원 2014.03.27 2014고단172
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:10 on December 21, 2013, the Defendant was engaged in driving a car in B halog-gu, a person who is in charge of driving a car in B halog-gu. Around 16:10 on December 21, 2013, the Defendant was forced to straightly drive a car in the front of B halog-gu, B halog-si. Since there is an intersection where signal, etc. is installed, the driver is obliged to safely drive the car in accordance with the new subparagraph, despite the Defendant’s duty of care to safely drive the car, the Defendant was negligent in the course of performing his duty of care, and thereby, the Defendant suffered from the victim C(47 years old) (the victim’s driver) who was in charge of driving a car in the upper right of the said car in C halog-gu, sports cargo vehicle, even driving seat in the front part of the C halog-gu, which is the front part of the halog-gu, the Defendant’s body need to close the above 2nd.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to photographs, such as a traffic accident report, a survey report on the accident site, etc., a vehicle whistle, each medical certificate, and a copy of a traffic signal apparatus management ledger;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with a more severe penalty);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The confession of the crime of sentencing in Article 62-2 of the Criminal Act is divided, the victims and the first offender have been agreed, the age, character and conduct of the defendant, and the crime.

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