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(영문) 청주지방법원 2018.09.13 2018고단1241
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 of the CM5 vehicle.

On January 20, 2018, the Defendant came to turn to the left the right at the meteorological slope from the long-distance slope of the industrial complex which is located on the street of the Heung-gu Seoul Metropolitan City on January 20, 2018.

At this point, the road intersection where signal lights are installed, the driver of the motor vehicle has the duty of care to reduce the speed and to check whether the driver of the motor vehicle has a motor vehicle driving through the front intersection, and to prevent the accident in advance by driving safely in accordance with the traffic signals.

Nevertheless, the defendant found the victim D (16 e.g.) with the opposite side of the right turn to the right, and found the opposite side of the victim D(16 e.g.) with the 125 U.S. driving of the 125 U.S. under the new e.g., the victim's right turn to the left.

Defendant 2 suffered 2, 3, 4, 5 of the left-hand part of the requisite medical treatment between approximately three months of the occupational negligence as above. The Defendant 2 suffered 2, 3, 4, 5 of the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. Photographs;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the selection of imprisonment without prison labor, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The sentence shall be determined as ordered by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The defendant's occupational negligence led to the occurrence of a serious injury requiring three-month medical treatment, and there is no history of punishment for suspension of execution or more.

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