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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단770

교통사고처리특례법위반(치상)

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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 cargo vehicle of five tons or more in Rano.

On February 19, 2018, the Defendant driven the above cargo vehicle on the 14:18th of February, 2018, and proceeded to the intersection from the eth,000 to the intersection of the eth,00 square distance.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by reducing speed in advance to a person engaged in driving of a motor vehicle, stopping on a stop line, and safely driving the motor vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant received the front side of the Defendant’s cargo vehicle, which was driven by the victim E (78 e.g., the driver) who was immediately left from the vicinity of the brain village in accordance with the marinal e.g., when he was immediately due to a sudden negligence in violation of the signal, and was driven by the driver E (78 e.g., the driver).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the number of days of treatment that need to observe future progress, such as an influence of depression.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. A photograph of CCTV images and an accident scene photograph;

1. Application of Acts and subordinate statutes to medical certificates and report on investigation (verification of the current status of a victim);

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. When driving a dump truck for the reason of sentencing under Article 62-2 of the Criminal Act, the responsibility of the defendant who caused an accident in violation of the signal and caused serious brain damage to the victim is unlimited, but the defendant recognizes the crime and reflects the fact that the defendant agreed smoothly with the victim, there is no record that the defendant was punished by a fine exceeding one million won, and there is no record that the defendant was punished by a fine exceeding one million won, and the victim who appears not to wear a fitness truck is also likely to have increased damage.