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(영문) 수원지방법원 안양지원 2018.07.17 2018고단706
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 two years 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 car at the time of width B.

On February 1, 2018, the Defendant driven the above car at around 09:00 and proceeded to turn to the left the right at the front of the distance of the communication unit, which is located in the Sincheon-si at the Dong-si.

Since there are signals installed and the passage of vehicles is frequent, in such a case, there was a duty of care to safely drive the vehicle in accordance with good faith by checking the right and the right of the front side.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by driving a DNA motor device operated by the victim C (C and 36 years of age) (hereinafter referred to as C and 36 years of age) who was driving in the front of the motor bicycle in order to avoid collision with the above vehicle by the negligence in violation of the left-hand turn signal, and caused the victim to go beyond the floor.

Ultimately, the suspect suffered injury to the victim by the above occupational negligence, such as cutting the body frame and closing of the body frame, which is proposed to the right side in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing guidelines: April to one year (the scope of the recommended punishment) of imprisonment without prison labor; the basic area (four months to one year) (the person causing a traffic accident) of the types of general traffic accidents; and

2. Determination of sentence: Suspension of execution for six months of imprisonment without prison labor - Circumstances favorable to him/her: The fact that he/she works against him/her, the fact that he/she is covered by a comprehensive motor vehicle insurance - the degree of damage is not minor;

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