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(영문) 전주지방법원 2018.08.21 2018고단902
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 car B i30.

On April 16, 2018, the Defendant driving the above car at around 07:00, and driving it at around 07:0, the National Pension Service, which was 180, with the Jinjin-gu base at Jeonjin-gu, Jeondong-gu, Seoul, had four lanes from the former North Korean Development Corporation to the Yellowsan, along two lanes.

Since there is a cross-section with signal apparatus, there was a duty of care to reduce speed to those engaged in driving service and drive safely according to signals.

Nevertheless, the Defendant neglected this and caused the collision to the front part of the car driving by the victim C (C, South, and 54 years old) driving from the chronic zone to the new line due to the negligence of the Defendant in violation of the signal.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E (E, South and 44 years old) who was accompanied by the above victim’s cream bars and tensions that require approximately three-day medical treatment, and the injury to the victim FF (F, South and 29 years old) who was accompanied by the above ccoon on the car, for about two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement hearing report (C);

1. Statement protocol (G);

1. Application of Acts and subordinate statutes of each written diagnosis;

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, such as a private service order and an order to attend a lecture, have caused a traffic accident due to driving in violation of signal, and the degree of injury of the victims is relatively heavy.

However, the fact that the defendant is a primary offender, is covered by comprehensive insurance, and is agreed with the victim C.

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