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(영문) 수원지방법원 성남지원 2019.03.07 2018고단2701

교통사고처리특례법위반(치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a police officer belonging to the branch police station B district unit, and is a person engaging in driving of an emergency motor vehicle of Category C Engine (police patrol vehicle).

On September 6, 2018, the Defendant driven the above emergency motor vehicle on September 18, 2018, and proceeded along the two-lanes in front of the D building in Sungnam-si, Sungnam-si, along the two-lanes in front of the D building in the direction of the long-term distance from the direction of the B basin.

Since there is a remote crossing with a signal apparatus, the driver of an emergency motor vehicle has a duty of care to ensure the safety of the course by checking well the right and the right of the road, to observe the signal, and to pass in the case of an urgent and inevitable violation of the signal, the driver of the emergency motor vehicle has a duty of care to pass along the traffic safety.

Nevertheless, in order to move to the site after being ordered to report traffic accident 112, the Defendant conflicts with the front wheeler of the driver's seat of the victim E (the 29-year-old driver) driving of the victim E(the 29-year-old driver) driving on the right side of the mast and the front wheeler of the Defendant's driving car.

Ultimately, the Defendant suffered from the injury of the victim E and the victim passenger G (n, 25 years of age) due to the foregoing occupational negligence, such as catitiss that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written diagnosis;

1. Reports on traffic accidents, investigation reports (Confirmation of the current status of traffic accidents), and investigation reports;

1. Application of Acts and subordinate statutes to screen pictures by cutting off on-site photographs and black images;

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;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment to be suspended under Article 59(1) of the Criminal Act: a fine of 500,000 won;