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(영문) 춘천지방법원 2020.10.28 2020고단879

교통사고처리특례법위반(치상)

Text

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

However, 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

The defendant is a person who is engaged in driving a B knife vehicle.

On April 25, 2020, the Defendant driven the above van on April 25, 2020, while driving the yellow village intersection, which is located in 51,000-ro, Mancheon-ro, Mancheon-ro, Mancheon-do, was straighted at a speed of approximately 117.1km in red signals, in violation of signals.

At this point, traffic signals were installed and operated, and it was 60 km/h road, so there was a duty of care to observe the prescribed speed for those engaged in driving of motor vehicles and to accurately manipulate the steering and steering system, and to prevent accidents in advance by accurately manipulating the steering and steering system according to signals.

Nevertheless, the Defendant neglected this and changed to the red signal prior to reaching the temporary stop line to the intersection, but due to the negligence of exceeding the regulatory speed and in violation of the signal, the victim C(64) driven by the victim C(64) who turn to the left at the left and right turn to the left at the seat of the green line in the direction of the proceeding, was shocked with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim C, such as a scamba, which requires approximately eight weeks of medical treatment due to occupational negligence, and injury to the same victim E (V, 62 years of age) who is the passenger of the damaged vehicle, such as a scamba, etc. outside the left-hand scamba for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the traffic accident analysis appraisal report;

1. A medical certificate (C), a medical certificate (E);

1. Application of Acts and subordinate statutes to cover on-site photographs, restricted or speed signs and photographs of damaged vehicles, and to cover images of damaged vehicles;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 3 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. Article 62(1) of the Criminal Act: