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(영문) 의정부지방법원 2018.08.22 2018고단1005

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at CV.

On November 03, 2017, the Defendant continued to run a two-lane road at the entrance of 11-1 e.g., the 19:28 Yucheon-gun, Gancheon-gun, Gancheon-do, the Gancheon-do, at the front e.g., the two-lanes from the front e.b.b. e., the two-lanes, and continued

Since the place is where signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to make a safe internship in the new subparagraph allowed by the former bank signals.

Nevertheless, due to the negligence of the driver’s failure in contravention of the signal and the negligence of the driver’s length of the opposite vehicle in contravention of the signal, the victim’s driving of the victim D(49C), which is proceeding in accordance with the new code from the dubbb bank to the front side of the front side of the passenger’s driving car, was placed adjacent to the right side of the Defendant’s driving car.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim, such as non-safety-related damage, etc. during about 20 weeks of medical treatment, and injury to the victim F (F, who was on board the damaged vehicle, including 32 years of age), such as dump dump, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Since the grounds for sentencing of Article 62(1) of the Criminal Act in the suspended sentence are in a mutually competitive relationship, each crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is excluded from the scope of the sentencing guidelines in principle, but the scope of the recommended sentence corresponding to a serious single crime was considered.

In general traffic crime group, Defendant 1 is the mitigated area (not punishable, January to August).