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(영문) 춘천지방법원 강릉지원 2018.01.18 2017고단1306
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 a Bchip car.

On April 26, 2017, the Defendant driven the above car on April 26, 2017, and got to proceed to the tri-party public health clinic from the side of the post office of the tri-party to the long-distance road at the center of the Namyang-dong.

At the same time, there is an intersection where signal lights are installed, so it was confirmed whether a person engaged in driving service is a motor vehicle passing through an intersection by checking well the right and the right and the right of the road, and there was a duty of care to safely drive the motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and failed to temporarily stop the signal immediately before the stop line, and followed the yellow light on the right side by the negligence of proceeding without temporarily suspending the signal immediately before the stop line, and received the victim C(58 e.g., the upper part before the left side of the last car, which was driven by the victim C(58 e.g., the upper part., which was driven by the yellow light.

As a result, the Defendant suffered injury to the victim C, such as a cage cage cage cages, which requires approximately 8 weeks of medical treatment as above due to occupational negligence, and injury to the victim E (the 45 years old) who was on the front car at the same time, including cage cage cages, etc. which require approximately 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Relevant photographs;

1. Each written diagnosis;

1. Investigation report (victim Eline Investigation);

1. Application of the Act and subordinate statutes to investigation reports (Attachment of a black stuff image data), to capture a black stuff image, and to black stuffs video CDs;

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 a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are as follows: Defendant’s age, sex, environment, motive, and circumstances after committing the crime.

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