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(영문) 수원지방법원 평택지원 2015.11.26 2015고단1396
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for 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 a Grand bus in Grandland.

On August 21, 2015, at around 09:40, the Defendant driven the above van and made the three-lanes of the two-lanes in front of the Earc high schools located at No. 51, Pyeong-ro 35, e.g., the two-lanes to the left-hand turn at the right-hand turn in the direction of the Earc High Schools.

At this point, there was a crosswalk where signal lights are installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see it well, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and found the victim C (the 70-year old age) who was moving on the left side of the road on the right side of the defendant's road by using the crosswalk pursuant to the pedestrian signals by negligence of failing to care well for the front side, and found it late later, and operated it rapidly, but the victim's left side bridge was left over the ground with the front part of the above knife of the knife.

Ultimately, the Defendant suffered injury to the victim, such as a pelle electronic pelle on the left-hand side in need of treatment for about three months due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the suspended execution of sentence: To the extent of recommending sentencing guidelines of applicable O: consideration of all the general traffic accidents, including the fact that there is no criminal history, the fact that there is no criminal history, and the fact that an agreement has been reached with the victim, except twice a fine for the basic area (from April to October) of the first type of traffic accidents;

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