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(영문) 수원지방법원 안산지원 2014.09.04 2014고단1280
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 April 5, 2014, at around 15:19, the Defendant driven a B rocketing car, and proceeded ahead of the Tae Young apartment, which is located in 879-15, Ansan-gu, Ansan-si, Ansan-si, with two lanes in the direction of the Hanyang apartment, the speed of which is about 50km from the direction of the Korean telecommunication distance, to the direction of the Hanyang apartment, the speed of which is about 50km.

Since there is a three-distance intersection where signal lights are installed, the defendant engaged in driving of a motor vehicle had a duty of care to prevent accidents by driving the motor vehicle slowly according to the signals and safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and obstructed the course of the DK5 car driven by the victim C(25 years of age) who was driven by the victim C(25 years of age) at the left left turn from the left side of the running direction of the Defendant with the above DK-hand turn, and caused the above DK-5 car to shock the back of the driver's seat of the above K5 car in front of the right-hand part of the above K5 car.

As a result, the Defendant suffered injury to the said C due to the above occupational negligence, such as salt of the bones of wood, which requires approximately 2 weeks of medical treatment, and suffered injury, such as a cage at 12 weeks of medical treatment, to the victim E (V, 87 years of age) who is the passenger of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition of traffic accidents (1), (2), and photographs related to accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. The defendant in light of the fact that the driver caused the injury to the victim by his/her negligence in violation of the reason for sentencing under Article 62(1) of the Criminal Act and the degree of the injury of the passenger on board the damaged vehicle is not somewhat minor.

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