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(영문) 의정부지방법원 고양지원 2013.05.24 2013고단385
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

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

Around 08:30 on January 30, 2013, the Defendant driven the said car, and made a turn to the left at the speed of the city, depending on the one-lane distance from the front of the convenience point of the "Ysk 24" located in the Sinsan-gu, Seosan-gu, Sinsan-gu, Sinsan-gu.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether there is a person who gets involved in driving service to reduce the speed and to see well the right and the right and the right of the road.

Nevertheless, the defendant neglected this and did not discover the victim D (53 years old) who cross the crosswalk from the right side to the left side by his negligence and did not discover the victim D (53 years old) and had the above victim go beyond the ground.

As a result, the Defendant suffered injury, such as minculation and cutting, to the victim, for about 16 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Written statements of D;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant causing a traffic accident and causing serious injury to the victim, taking into account the fact that the defendant subscribed to liability insurance, and the victim wants to punish the defendant, but the defendant is divided by his mistake, the defendant paid 3,00,000 won to the victim under the pretext of agreement. This is also an insurance company.

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