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(영문) 의정부지방법원 고양지원 2018.01.11 2017고단3169

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

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On September 4, 2017, the Defendant driven the above cargo vehicle around 08:19, and driven the string distance of the 387 Yongyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in the direction of the flow from the west west west to the west west.

Since there is an intersection where signal, etc. is installed on the front side, there was a duty of care to prevent accidents in advance by driving safely according to the new code to a person engaged in driving of a motor vehicle.

Nevertheless, as long as the Defendant neglected to do so, the Defendant entered the intersection, which was a yellow signal, and did not stop even if the signal of the intersection prior to reaching the intersection was changed to the red stop signal, and did not stop, and did not find out the victim C (32 ) who was on board the bicycle from the right side of the Defendant’s proceeding to the left side of the crosswalk at the time, and was operated by the victim on the side of the freight truck of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of the body of the body of the dog, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A survey report on actual conditions;

1. A map at the scene of an accident;

1. An accident scene photograph;

1. A medical certificate;

1. The application of Acts and subordinate statutes to the results of viewing and recycling CDs;

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 Criminal Act on the suspended execution;

1. The defendant who drives a large truck with the reason of sentencing in Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, once an accident happens, has a large amount of damage to the other party. Therefore, even though it is necessary to pay attention to driving, an accident occurred due to a violation of signal that neglected to do so.