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(영문) 청주지방법원 2018.07.26 2018고단366

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 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 of a motor vehicle with sod motor vehicle B.

On December 13, 2017, the Defendant driven the above car at around 07:00, and applied to the old airport at the Cheongju-si to the left-hand turn from C to D hospital shooting distance.

At that time, since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by taking the front wheel part of the victim E (26) who passed a bicycle on the left-hand side from the right-hand side to the crosswalk by negligence in violation of the vehicle stop signals.

Ultimately, due to the above occupational negligence, the Defendant suffered from the injury to the victim’s left-hand pressure to close down the bridge that requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photograph by capturing a dynamic image;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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 Order to Attend Education [the scope of recommendation] There is no person who has no basic area (4 to 1 year) [the person who is subject to special sentencing] of the first type of traffic accident [the decision of sentence] [the person who is subject to special sentencing] / The sentencing element of o unfavorable sentencing: the victim suffers a large amount of injury that requires treatment for 12 weeks due to an accident in the judgment of the judgment. The sentencing element of o favorable sentencing is agreed with the victim: purchase of a comprehensive insurance. The error is recognized and reflects the fact that there is no criminal history against the defendant. The sentencing condition of o and Article 51 of the Criminal Act should be comprehensively considered.