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(영문) 의정부지방법원 2018.06.27 2018고단280
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

On May 20, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the District Court of Subu on May 20, 2016, and completed the execution of the sentence on January 15, 2017.

On October 14, 2017, the Defendant, who is engaged in driving a C-LA car, proceeded from the side of the Government to the Pocheon Viewing in accordance with four-lanes in front of the E-LA car located in Spocheon-si D on October 14, 2017.

At the time, since it is an intersection where a signal is installed at night, there was a duty of care to safely drive a driver in accordance with the front and right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the front portion of G K5-si driving in front of the said car, which is driven by the victim F(54 o) who is proceeding from the north to the two-way distance from the north of the said shooting distance, due to the negligence in violation of the vehicle driving signal even though it was a red signal.

Ultimately, the Defendant suffered, by such occupational negligence, injury to victim F, such as yellow disability with a plaza for about three (3) months in need of treatment, and duplicating cage for about four (4) weeks in need of multi-time treatment; injury to the victim H (the 37 years old), who is the passenger of the said taxi, such as the mouths and closure of the outer reproduction requiring approximately six (6) weeks of treatment; and injury to the victim I (the 35 years old), who is the passenger of the said passenger, such as the mouths in need of approximately five (5) weeks of treatment; and injury to the victim I (the 35 years old passenger of the said car), such as the mouths in need of three (5) weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident (F);

1. On-site inspections and photographs of accidents;

1. The victim's I photograph;

1. Each written diagnosis;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Evidence List No. 27), text of judgment, and application of Acts and subordinate statutes regarding expropriation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 Competition;

1. Selection of imprisonment without prison labor for the option of punishment;

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