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(영문) 광주지방법원 2017.07.13 2017고단1056

교통사고처리특례법위반(치상)등

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 18, 2017, the Defendant driven the above car at around 02:20 on February 18, 2017, and led to the shooting distance of the Japanese apartment in the Seo-gu, Gwangju, to go through from the surface of the main air space of the burners to the original air space.

At the same time, the signal was installed, and the signal installed at the front of the time was red on-and-off signal, so in such a case, a person engaged in driving a motor vehicle has a duty of care to stop temporarily before entering the intersection and to safely drive the front side and the right and the right and the right and the right of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not temporarily stop, and due to the Defendant’s failure to enter the intersection, received the part on the left side of the victim D (61 ) driven by the victim D (61 ) who was proceeding under the yellow on-and-off signals from the right side of the running direction of the Defendant, which was driven by the Defendant.

Ultimately, the Defendant suffered, from the above occupational negligence, the victim F.I.K. (hereinafter “F.F.F.”), and the victim G (hereinafter “V.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.M.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.F.M.)

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A traffic accident report;

1. Photographs related to accidents;

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution has paid traffic accidents by signal violations, the liability for the crime shall not be mitigated;

However, on the other hand,