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(영문) 수원지방법원 평택지원 2016.04.28 2016고단72
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of the case 5 car.

On November 14, 2015, the Defendant driven the above car at around 14:45, and led to the left turn to the intersection of the Dog-ro from the marg of the death of the terminal crossing located in the Ansan-si household affairs.

Since the location is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of the motor vehicle to thoroughly see the front hour and safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the victim C driver's vehicle of the victim C driver's vehicle of the victim C driver's length, driving from the inside side of the close-down terminal to the rupture, when the Defendant neglected to turn to the left at the front part of the above case 5 driver's vehicle.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as catitis that requires the treatment of approximately two weeks, and the injury to the victim D, who was the mother of the Defendant who was accompanied by the said case 5 car, was in need of the treatment of approximately 32 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) 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 Competition;

1. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of the recommended sentencing guidelines of the applicable O: consideration of all circumstances, including the fact that the mother or mother of an O defendant suffers serious injury in the basic area (from April to October) of the type of general traffic accident;

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