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(영문) 의정부지방법원 고양지원 2017.09.28 2017고정789
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Belgium car.

On January 31, 2017, the Defendant driven the above car at the speed of 22:10, and proceeded to turn to the right from the edge of the cancer center to the lebma of the lebal road located at the east-gu, Sinyang-si.

Since there is a place where traffic is controlled by signal apparatus, in such a case, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing the speed and making the left and right well before and after the operation.

Nevertheless, the Defendant neglected this and got off the front part of the DPEM110 two-wheeled vehicle driven by the victim C (19 S) who was directed to the cancer center on the right side of the white-water, in violation of the signal of yellow flock and left turn by the Defendant’s negligence, in violation of the signal of yellow flock, and received the front part of the said vehicle from the right side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as an open frame of the part of the mouth, which requires approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement concerning C;

1. The actual investigation report on traffic accidents;

1. Blue screens to cover a blue screen, CCTV screens to cover a traffic control center, and video storage CDs;

1. A medical certificate;

1. Application of three Acts and subordinate statutes to the investigation report (Submission of suspect A data), investigation status (verification of a suspect A's violation of signal), and related review data;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the victim’s negligence appears to have contributed significantly to the occurrence of the instant accident, and the Defendant’s vehicles are covered by the comprehensive automobile insurance.

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