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(영문) 수원지방법원 안산지원 2017.09.14 2017고단1963
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 a period of 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 of a car-to-car car.

On June 7, 2017, the Defendant driven the above vehicle at a speed of 1:50, and driven the above vehicle at a speed of 7:0,000 from the direction of the police box at the speed of 12:4:0,00 to the city, the Gu Arts University of Ansan-si, the two-lane 12:00 to the two-lane 3:0,000 to the 7-lane 11:50.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as it is while driving on the front side even though the signal of the front side is a stop signal, the Defendant received the victim D (V, 67 years old) who opened the crosswalk from the right side of the Defendant’s course to the left side, from the front side of the vehicle in which the Defendant drives.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the entrance to the left-hand side, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A written diagnosis on D, and a written diagnosis on D;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes to photographs, such as site photographs of traffic accidents, suspect studio images, and photographic images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure Act [Article 62(1) of the Act on the Suspension of Execution [Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases concerning the Punishment of Traffic Accidents (Article 3(2)] (Article 3(2) of the Act.

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