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(영문) 수원지방법원 2018.05.15 2018고단1076

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving a motor vehicle B.

On February 7, 2018, the Defendant proceeded along the two-lanes of the new distance of three lanes in Young-gu, Young-gu, Suwon-si, Suwon-si, C, one of the three-lanes in front of the Seocho-gu, Seoul.

At all times, there was a duty of care to safely drive a person who is engaged in driving of a motor vehicle due to an intersection where signal, etc. is installed.

Nevertheless, the defendant's negligence in proceeding with the red signal was caused by a victim's driver's seat even in E-si driving in accordance with the new code from the right side of the defendant's proceeding to the left side of the defendant's driving line.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of brain dead, etc. in need of approximately two weeks’ medical treatment to the victim D, and the injury of the victim FF (38 tax) who boarded the damaged vehicle, to whom approximately six weeks’ medical treatment is required, to the left-hand end frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Blucs cambling images (ROMs);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the 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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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 scope of recommending punishment] The basic area (4-1 year to April) of the first type of general traffic accident [the sentence] / The crime of this case was committed by the defendant in violation of the suspension signal and causing traffic accidents due to the error of entering the intersection, thereby causing injury to the other vehicle driver and the same passenger. The defendant's violation of the duty of care is not less exceptionally and the degree of the accident of this case and the injury of the victims.