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(영문) 청주지방법원 2018.07.18 2018고단251

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2018, the Defendant, at the time of Cheongju-si, driven a rocketing taxi at the Cheongwon-gu Systun-gu, Cheongju-si B, and proceeded to turn to the left from the south of the Cheongju-gu.

Since the above intersection is under traffic control by signal apparatus, the defendant engaged in driving service has a duty of care to drive in a safe way by checking well the right and the right of the front side in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left as a straight signal for the direction of the passage, and the signal for the direction of the direction of the direction of the direction of the direction of the traffic along the above intersection was a green condition, and thus the walking signal on the crosswalk installed on the side of the swimming intersection was in a state of green condition, and thus, even if the driving of the vehicle was prohibited, the part on the right side of the bicycle for the bicycle driving of the victim D (e.g., the 73 years old) driving on the above right-hand turn to the left-hand turn in violation of the signal was shocked on the left-hand crosswalk.

Defendant 1 suffered injury to the right-hand joints between the two parties, which requires approximately 10 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs, black booms, video CDs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the fact that the degree of injury of the victim seems to be relatively more severe: the defendant agreed to do so; although there are several previous convictions, the defendant seems to have lived faithfully without any particular previous convictions after 2004; and the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.