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(영문) 수원지방법원 안양지원 2018.04.20 2017고단1853

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is engaging in driving service of cran vehicles.

On August 11, 2017, the Defendant driven the said three-lanes of the four-lanes from the 544-lane 23-lanes, as the Gu Gyeongyang-si, Syang-si, around 20:08, to drive the said three-lanes from the 544-lanes, and was straighten from the 4-lanes in order to the chills of the chills.

Since there is a place where a signal is installed, there was a duty of care to prevent accidents by driving safely according to the name of the driver of the vehicle.

Nevertheless, the Defendant neglected this and caused injury to the victim by entering the intersection by the negligence of entering the stop line in yellow scam, and entering the intersection from the right side of the Defendant’s proceeding to the left side of the red scam, ECA100 motor bicycle front part of the Defendant’s driving, and suffered injury to the victim by using the front part of the Defendant’s driving of the bicycle front part of the victim’s driving, which was in progress by entering the intersection from the right side of the Defendant’s proceeding to the left side of the said vehicle for more than two months.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Investigation report (suspect's father's statement);

1. A medical statement (whether serious injury is inflicted);

1. Medical certificate (No. 17 No. 5);

1. Application of the Acts and subordinate statutes to photograph the vehicles, on-site photographs, and to take visual data closures;

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 suspended sentence of the Criminal Act (the following sentencing is more favorable) provides that a person who suffers serious injury due to the defendant's negligence, and that the defendant commits a crime against the defendant's mistake, and that there is no other criminal record such as the same criminal record, in addition to the one-time fine, the victim also has a substantial negligence in the occurrence of the accident.