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(영문) 수원지방법원 평택지원 2017.09.27 2017고단1396

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 who is engaged in driving duties of K7 cars.

On May 7, 2017, the Defendant driven the above car at around 00:25, and led to the left-hand turn from the intersection of the mountain distance of Pyeongtaek-si, Seo-gu, Seo-si to the offside of the air-line.

Since there is an intersection where a signal, etc. is installed, a person engaged in the driving of a motor vehicle has a duty of care to live well on the right and the right of the motor vehicle and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and caused the collision of the part on the side of the driver’s seat of the Defendant’s driving in front of the victim C(21 Sz C220) who was directly engaged in the operation of the instant car on the front side of the driver’s seat of the victim C(21 Sz C220, which was due to the fact that the signal prior to the entry to the intersection was changed to the red signal.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E (the 56-year old), who is a passenger of the Defendant’s vehicle, on the part of the Defendant’s driver’s vehicle, on the part of the victim E (the 56-year old-age), on the part of the victim C, on the part of the victim F (the 20-year-old, the 20-year-old), on the part of the passenger of the said event, on the part of the victim F (the 21-year-old, the 21-year-old), on the part of the victim H (the 21-year-old), about a maximum of 3-day therapy treatment, on the part of the other passengers of the above benz, on the part of the victim H (the 21-year-old), such as the snow pool and the open eye in need of the treatment for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of H, G, and I;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, and medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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. Article 62(1) of the Criminal Act: