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(영문) 수원지방법원 여주지원 2015.04.17 2014고단849
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicle C.

At around 21:10 on September 12, 2014, the Defendant, at approximately 300 meters in front of the 'malul treatment site' located in the spopical area of the Gyeonggi Pyeong-gun, the Defendant proceeded at approximately 60 km each other at a speed of about 10 km from the gradebing area to the spopical intersection.

At the time, there was difficulty in securing the view at night, so there was a duty of care to prevent accidents by reducing the speed to those engaged in driving a motor vehicle, thoroughly operating the front side and the right side and right side, and accurately operating the steering direction and brake system.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim D (W, 73 years old) who was crossing the road on the right side from the left side of the running direction of the Defendant, and did not look at the part of the driver's seat before the driver's seat of the Defendant, and shocked the parts of the above victim's body.

As a result, the Defendant caused by such occupational negligence the risk of life to the above victim due to the overall brain damage caused by the surgery of the treatment days, the surgery of the treatment days, and the surgery of the trauma.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Certificates of medical treatment;

1. Reporting on verifying the current status of a victim;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for the sentencing following the suspended sentence) is that the victim was in a state of mathy due to brain damage after the instant accident, and the result of the damage was very serious. However, on the other hand, the Defendant’s act of committing the instant accident, and the victim’s negligence without permission crossing a road with no late streetlighting at night.

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