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(영문) 수원지방법원 2018.06.19 2018고단2214

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

Criminal facts

The defendant is a person who is engaged in driving a car in the C SP area.

On March 30, 2018, the defendant, around 11:47, passed two lanes in two lanes in letter, from the Myeon of the e-mail office of the Eup to the Myeon of the e-mail office of the Eup.

Since there is a sign prohibiting the signal lights and left-hand turn, a person engaged in driving service has a duty of care to safely drive the accident in accordance with the traffic signals by reducing the speed and keeping it well.

Nevertheless, the defendant neglected to turn to the left at the green light in the prohibition area for left turn, and the victim E (36 tax) who was directly in accordance with green light from the room of the Eup office of the Mamalin Postal Eup to the left turn, and the front right part of the Fpoter II of the freight, which was driven by the defendant, was shocked into the left part of the car operated by the defendant.

Ultimately, the Defendant, as the above occupational negligence, suffered from the victim E (36 years old), who is a cargo driver of Fpoter II, the injury of catum salt, etc. which requires approximately two weeks of medical treatment, the injury of the victim G (V, 64 years old), the injury of the 2nd left-hand side of the 2nd century, which requires approximately four weeks of medical treatment, and the injury of the victim H (V, 71 years old) for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G and H;

1. A traffic accident report;

1. On-site photographs;

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. Circumstances favorable to the defendant in sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. are as follows.

The defendant is divided and reflected in the crime of this case.