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(영문) 수원지방법원 안산지원 2021.01.20 2020고단3080

교통사고처리특례법위반(치상)

Text

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On April 27, 2020, the Defendant driven the above cargo vehicle at around 04:15, and had a private distance intersection of 230, as at the time of Sihung-si, from the C market room to D room.

At all times, as an intersection where signal lights are installed, there was a duty of care to prevent accidents by complying with the signal, thorough operation of the steering time, and accurate operation of the steering and steering devices, etc.

Nevertheless, while the defendant neglected this and passed through the above intersection by straight-line red signals in violation of the signal, the defendant did not find out the f.o.b. of the victim E (52 o.b.) who passed the above intersection from the left side of the moving direction to the right side of the road at the time, and did not f.o.b. of the victim E (52 o.b.) who passed the above intersection under normal signals.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as “damage to various parts of the world unknown,” which requires approximately six weeks of medical treatment, and suffered injury on the victim G (V, 36 years of age) who is the passenger of the above Oralba, to approximately three weeks of medical treatment.”

Summary of Evidence

1. Application of Acts and subordinate statutes to a medical certificate stating the defendant's legal statement E and G's actual condition investigation report;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crime; Article 268 of the Criminal Act;

1. Selection of a credit cooperative for the option of a punishment under Articles 40 and 50 of the Criminal Act;

1. Fully circumstances, such as the reason for sentencing under Article 62(1) of the Criminal Act, degree of violation of laws and regulations, degree of injury of the victims, and treatment of mutual aid and payment of the amount of eight million won agreed upon to the victims, and the victims do not want punishment.