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(영문) 수원지방법원 성남지원 2019.10.10 2019고단1710

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for seven 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

피고인은 B 7.5톤 영업용 화물차의 운전업무에 종사하는 자로서, 2019. 5. 10. 09:50경 성남시 분당구 수내로 148 샛별사거리 편도6차선 도로에서 샛별삼거리 방향에서 정자동 방향으로 2차로를 시속을 알 수 없는 속력으로 위 화물차를 운행하게 되었다.

At the same time, the traffic signal was installed, so the driver of the motor vehicle has a duty of care to safely proceed according to the traffic signal.

Nevertheless, the Defendant stated in the facts charged, such as "brain cryp, etc.," which require the victim C to provide medical treatment for more than three months, by receiving the part on the left part of the Done Starex passenger car driven by the victim C, who had been normally straighted pursuant to the new subparagraph in a part adjacent to the direction of the course, in violation of the right to left the left-hand turn. However, the Defendant’s injury is recognized in accordance with the evidence. However, even if it is acknowledged differently from the facts charged in light of the trial process, it is not deemed that there is a substantial disadvantage to the Defendant’s right to defense. Thus, the Defendant’s ex officio recognition without modification of the indictment is ex officio.

F. The victim E, the passenger of the said Lone Star Co., Ltd., suffered from each injury, such as “the influence of the fluoral fluoral abandonment,” which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Medical certificate (victim E), written opinion (victim C), and statement of intention (whether serious injury is involved);

1. A report on actual condition, a report on internal investigation (verification of black booms by a feet vehicle);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 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. Suspension of execution;