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(영문) 의정부지방법원 고양지원 2014.12.18 2014고단2325

교통사고처리특례법위반

Text

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

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

Reasons

Criminal facts

The defendant is a person engaged in driving a car Bi30.

On October 1, 2014, the Defendant driven the above car on October 14, 2014, and led to the 3rd distance next to the 9th complex of the light village to the Hoyang-si, Goyang-si.

In such a case, the driver of a motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the traffic signals, but due to negligence in the red signal in violation of the traffic signal, thereby causing the victim F (F, 40 years old), who is on the right side of the motor vehicle, to turn to the left in accordance with the signals from the right side of the motor vehicle driving direction, to the left side of the motor vehicle of the victim C, to shock the front side of the motor vehicle of the victim C, to the victim C (V, 33 years old), to provide approximately two-day medical treatment for the victim E (V, 30 years old) who is on the part of the victim's motor vehicle, and to provide approximately two-day medical treatment for the victim E (V, 30 years old) who is on the part of the victim's motor vehicle for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

2. C’s statement;

3. A traffic accident report;

4. Application of Acts and subordinate statutes of each written diagnosis;

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 Article 268 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment without prison labor;

4. Article 62 (1) of the Criminal Act;

5. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant paid three traffic accidents in breach of his/her duty to observe traffic signals, etc. that are disadvantageous to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the facts charged in this case and reflected against the victim F, that has recently agreed with the victim F, that the vehicle operated by the defendant was covered by a comprehensive insurance policy, and that the defendant

Furthermore, the age, character and behavior, environment, etc. of the defendant.