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(영문) 수원지방법원 안산지원 2020.01.31 2019고단4651

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On May 17, 2019, the Defendant driven the above cargo vehicle around 19:53 on May 17, 2019, while driving a four-lane road in front of C Apartment at a speed that would not be known from D to D, and making the left turn to the left.

Since there was an intersection where a signal, etc. is installed, in such a case, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing the speed and by properly examining the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded with the front part of the FOba, which is driven by the victim E (the age of 17) who violated the signal in front of the driver's seat of the cargo vehicle driven by the Defendant due to negligence while the signal is changed to a stop signal.

As a result, the Defendant suffered injury to the victim E, such as the damage of the bags, which requires approximately 12 weeks of medical treatment by occupational negligence as above, and at the same time suffered injury to the victim G (the age of 15) who was accompanied by the above Oralba, to the said victim G (the age of 15) for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. G statements;

1. Application of the Acts and subordinate statutes on traffic accident report (1) (1) and each traffic accident report (2) (2) and relevant images, each medical certificate, and signal cycle status table;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. It is disadvantageous that the sentencing of Article 62(1) of the Criminal Act is heavy to the victim E with reason.