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(영문) 수원지방법원 2018.12.18 2018고단4783

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 becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving a motor vehicle B.

On August 2, 2018, the Defendant driven the above car at around 07:40 on August 2, 2018, and came to turn to the left in the direction of the source school distance from the direction of the driving distance of the Dwon-gu, Youngwon-gu.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the new code while driving.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal and received the FMX300A U.S. U.S. 28 U.S. Oba from the victim E (28 S) driving in accordance with the new line in the direction of the cMX300A U.S. driving on the right side of the Defendant’s car.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A person who is in the basic area (from April to one year) of the type of general traffic accident (the special mitigation (aggravating) which applies the sentencing criteria to the general traffic accident: Where the penalty is not imposed and any serious injury occurs;

2. Circumstances favorable to the accused shall be as follows:

The defendant is divided into and reflected in the crime of this case.

Vehicles operated by the defendant are covered by a comprehensive insurance.

The defendant agreed smoothly with the victim.

There is no history of criminal punishment except for a minor three-time fine.

Circumstances unfavorable to the defendant are as follows:

The defendant shall operate a vehicle in violation of the signal.