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(영문) 수원지방법원 안양지원 2019.01.25 2018고단1443

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 a K5-car.

On February 3, 2018, the Defendant driven the above car at around 00:10, and made the front of the tri-day road in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si to turn left at the left one-lane of the Gunnpo-si, Sinpo-si, Sinpo-si.

At the time, since it is at night and at the same time an intersection where a signal is installed, a person engaged in driving a motor vehicle has the duty of care to safely drive the motor vehicle in accordance with the signals by stopping the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and neglected to turn to the left as it was in violation of the new code, and was driven by the victim C (Nam, 16 years old) who was directly driven by the defendant under the new code from the right side of the car driven by the defendant on the left side of the car operated by the defendant, and was driven by the victim C(Seoul and 16 years old) as the front part of the above car.

Ultimately, the Defendant suffered a serious injury due to the above occupational negligence on the part of the victim, which caused the victim to suffer from a serious injury, such as chilling out-of-chill blood transfusion without any wife in two open with the recognition disability and pedestrian disability.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The photograph list;

1. Blucking images;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a medical statement;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of sentencing guidelines] - Type 1 (Bodily Injury of Traffic Accidents) and the area to be mitigated (one to August) for general traffic accidents - Where there are considerable negligence on the occurrence of traffic accidents or the expansion of damage to victims, no penalty (including serious efforts to recover damage) - Persons under special circumstances: serious injury has occurred.