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(영문) 청주지방법원 2018.12.07 2018고단745

교통사고처리특례법위반(치상)

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

However, the execution of the above sentence 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 a vehicle B with low investment.

On February 13, 2018, the Defendant driven the above car at around 18:45, and turned to the left the right at the d-side from the sloping-si of Jeju, and the front intersection was set to turn to the right.

Since there is an intersection where a signal, etc. is installed, in such a case, the defendant engaged in the driving of the motor vehicle has a duty of care to properly operate the steering gear and brake system of the motor vehicle, accurately operate the steering gear and brake system of the motor vehicle, and safely drive the motor vehicle to prevent the accident by safely driving it.

Nevertheless, the Defendant neglected this and caused the injury to the victim E (the victim E (the 29-year old) of the Ftiball vehicle driving in the front part of the above 12-day driver's vehicle in the front part of the above 12-day driver's vehicle, which was driven by the victim E (the 29-year old-old driver's age) due to the occupational negligence in violation of the signal and left-hand turn, due to the left-hand turn in violation of the signal, and caused about 6-day injury such as damage to the right-hand edge of the above Ttiri vehicle, etc. to the victim G (the 53-year old-old driver's age) of the passenger of the above Ttiball-ri vehicle, where the number of days of treatment cannot be known to the victim H (the 24-year-old driver's age).

Summary of Evidence

1. Statement by the defendant in court;

1. E, H, and G;

1. A report on the occurrence of a traffic accident, a traffic accident report, a report on internal investigation (verification of video images of an accident vehicle) and a report on internal investigation (designation of a damaged vehicle);

1. Application of Acts and subordinate statutes to photographs and medical certificates related to accident scene;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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

1. Alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (the fact that there is no different record from the one-time fine, the victims have agreed to do so, etc.);