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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4394

교통사고처리특례법위반(치상)

Text

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

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On November 12, 2018, the Defendant driven the above vehicle on November 11, 201:30, and led the front of the 326 Gangseo-ro 326 Gangwon-do, Ansan-do, Ansan-do, a member Seocheon-do, to go straight ahead of the 3-lane 3-lane of the two-lane.

At the time, traffic control is performed after signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to safely proceed in accordance with the new code and prevent the accident from occurring.

Nevertheless, when the defendant neglected this and proceeded by negligence while the vehicle signal was stopped, it was driven by the victim D (the 62 years old) who was straight along the normal signal on the left-hand side of the running direction of the defendant, and the front part of the victim's vehicle and the left-hand side of the defendant's vehicle were shocked due to the wind that the victim D (the 62 years old) who was driving in accordance with the normal signal.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence, such as influence in detail at the bottom of the aggregate that requires four weeks of medical treatment, and suffered injury to the victim F (F, 58 years of age) with respect to clocks, tensions, etc. requiring three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, blackbox photographs, blackbox images and CDs;

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

1. Article 3 (1), 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Although an accident occurred due to the negligence of the principal on the grounds of sentencing under Article 62(1) of the Criminal Act, the injury suffered by the victims cannot be deemed relatively minor, it exceeds a fine.