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(영문) 전주지방법원 2018.11.06 2018고단1442

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of B-II cargo vehicles.

On June 3, 2018, the defendant driving the above cargo as its business, and driving on the two-lanes in front of the large-wheeled industry intersection located in the front of 115 U.S., the 17:00 U.S. on June 3, 2018.

Since there is an intersection where on-and-off signal is installed, a person engaged in driving a motor vehicle has a duty of care to reduce speed and drive safely by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant did not temporarily stop the red on-and-off signals without neglecting this, and went on from the right side of the course to the left side of the yellow-off signals by negligence in the course of the business.

D Driving caused the front part of the E-lane bus driver's seat to the front part of the above cargo vehicle.

The Defendant, by negligence in the course of performing the above duties, caused damage to the number of trees, etc. which requires approximately 12 weeks of treatment, etc. to the victim F (F) who was on board the bus, G (V, 62 years of age) who was on board the bus, and H (H (27 years of age) to the victim G (V, 62 years of age) who was on board the bus, thereby requiring approximately 2 weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A survey report on actual conditions;

1. Statement hearing report;

1. Each written diagnosis;

1. A report on investigation (Submission of a medical certificate);

1. Application of Acts and subordinate statutes to a report on investigation (request for severe injury);

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. The defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, caused a traffic accident by violating the signal, resulting in the injury to the victims, and among them, resulting in a relatively serious injury to the victim F.