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(영문) 춘천지방법원 2017.09.20 2017고단639
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who, as a result of his/her duties, drives C-W fambage fambage vehicles.

On April 27, 2017, around 08:35, the Defendant left the village of 2227, Seocheon-ro, Chuncheon, Seocheon-si, which was 227, left the village of the parallel. The Defendant was straighted at a speed of about 50 to 60km in the speed of about 50 km along the four-lane roads from Sski to the south west-do basin.

At that time, the signal was installed, and the signal was changed to the stop signal in the straight line, so there was a duty of care to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant was negligent in driving a vehicle by failing to fulfill his duty of care in the course of the accident, and caused the accident to the left-hand side of the victim D (49 taxes, souths, etc.) who dried the crosswalk on the left-hand side of the road in the direction of the proceeding, and received the front part of the above vehicle.

Ultimately, the Defendant suffered from the injury of the victim D as to the frame and the closure of the part of the frame of the front and the upper half of the warning signboards, which require approximately six weeks of treatment to the victim D due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, drug map at the scene of the accident, site photograph of the accident, data on the operation of traffic signal control equipment, and a survey report on the actual condition;

1. Application of Acts and subordinate statutes (D);

1. Article 3(1), Article 3(2)1, and 6 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. Article 62-2 of the Criminal Code of the Order to Attend is an element of sentencing unfavorable to the defendant, such as the violation of the reason for sentencing under Article 62-2 of the Order to Attend, the negligence of the defendant who has shocked the victim on the crosswalk, the victim suffered serious injury requiring six weeks' treatment, and the fact that the victim has not agreed with the victim.

However, the defendant shows the appearance of recognizing and opposing the crime of this case.

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