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(영문) 의정부지방법원 2015.02.12 2014고단3156
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

On June 10, 2014, the Defendant was driving a rocketing car at C, around 21:28, and was parked on the road front of the bus stop at 996, the bus stop.

Since the place was a place where pedestrians are frequent, such as bus stops, etc. on the right side of the defendant's car, the driver of the motor vehicle has a duty of care to operate the steering gear and brake in a safe way to prevent the delivery by accurately operating the steering gear and brakes.

However, as the Defendant neglected the above duty of care, due to the negligence of walking at the start of the city and taking a speed pedal, the Defendant’s car was rapidly launched, and the victim D (16 years old) and the victim E (42 years old), who d (16 years old) and d (42 years old), who d (16 years old) and d (42 years old) suffered from the Defendant’s car prior to the Defendant’s car.

The Defendant suffered injury to the victim D in the course of performing such occupational negligence for approximately eight (8) weeks, such as a fluoral dyke, which requires approximately eight (8) weeks of treatment to the victim E, such as a fluoral dyke, an unclosed dyke, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D (including F statement part);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, and criminal investigation reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] for general traffic accidents in Article 62 (1) of the Act on the Suspension of Execution - Types 1 [Special Aggravation of Death by Traffic Accidents] - The elements for mitigation of punishment [Determination of the recommended area] / [Determination of the recommended area] one to six months [the scope of recommendation] / One to six months [general person] : Subscription to comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment (decision of sentence] 6 months and one year of suspended sentence;

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