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(영문) 춘천지방법원 원주지원 2017.12.21 2017고단1000

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2017, the Defendant driven a caburon car around 01:20 on August 12, 2017, and turn to the left at the cabbbon of the original IC intersection located at the north 2848 at the original city.

At night, at that time, the traffic was controlled by the signal apparatus, and at that time, the victim D (32 ) driven the E-to-face and proceeded with the above intersection from the T-to-face surface to the 1 military headquarters level pursuant to the new signals, so the Defendant, who was engaged in driving a motor vehicle, has a duty of care to safely drive the e-mail and the right and the right and the right and the right and the right and the right and to prevent the accident by operating the e-mail and accurately operating the steering e-mail and the steering e-mail, but the Defendant had a duty of care to prevent the accident from spreading. The Defendant had a duty of care to make a left-hand turn due to the occupational negligence of the Defendant’s driver who violated the signal, caused the victim’s error in the front part of the Defendant’s driving vehicle, resulting in the victim’s driver’s driver’s O-to-hand care for about 10 weeks on the side side side of the offline where treatment is needed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] There is no basic area (four months to one year) (the person subject to special sentencing) (the person subject to special sentencing) of the type 1 (the injury by traffic accidents) (the decision of sentence] [the defendant's negligence is serious, and the case is not easy in light of the victim's degree of damage.

There was no criminal agreement with the victim.

The first offender who has no record of criminal punishment, the victim seems to have been compensated for a considerable part of the damage through insurance, and the defendant's age, sex, intelligence and environment, and crime.