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(영문) 수원지방법원 여주지원 2016.02.16 2015고단1123
교통사고처리특례법위반
Text

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

However, 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

On September 11, 2015, the Defendant, who is engaged in driving of BL car, was driving the said car at around 23:50 on September 11, 2015, and was driving in front of D in Echeon-si C at a speed of about 40 km per hour from the seat of the hotel room of Echeon-si to the seat of the bus terminal in Echeon-si.

In such cases, since a crosswalk without signal apparatus is installed, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a pedestrian to build the crosswalk by properly checking the front course and the left and right of the road, and that the pedestrian has a duty of care to not obstruct the passage of the pedestrian by accurately operating the brake and the steering gear in the case of a pedestrian to build the crosswalk, and by temporarily stopping it in front of the crosswalk.

Nevertheless, due to the negligence of neglecting this, the Defendant, while driving the front door properly or without temporarily suspending the stop, left the right side of the victim E (44) where the Defendant gets the front side of the crosswalk on the right side from the bed left side, and turned it over to the ground.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as cutting a peltos, in need of approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. On-site and related vehicle photographs;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for the sentencing as follows) is large in the negligence of the defendant who did not temporarily suspend at the crosswalk, and the degree of the injury of the victim is not less than that of the victim, and the defendant's perception of and against his criminal act is being committed, and the victim is the victim.

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