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(영문) 전주지방법원 남원지원 2017.09.26 2017고정30
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On April 25, 2017, the Defendant driven the above car on April 25, 2017, while driving it on the south city, and driving the two-lane of the light middle school along the two-lane of the light middle school from the side of the village elementary school to the 4-lane of the Do through the Do through the Do.

At this point, there was an intersection where a red flickerings are installed, so there was a duty of care to temporarily stop prior to the entry into the intersection to a person engaged in driving of a motor vehicle, to live well in the traffic situation of another lane, and to enter the intersection.

Nevertheless, the Defendant neglected to stop without temporarily and went through the intersection as it was due to the negligence of entering the intersection, and passed the intersection from the right side of the Defendant’s running direction to the port by the yellow mar No. 50 (50). The front part of the E Lasta taxi was driven by the victim D(50) in front of the right side of the said rocketing car.

After all, the Defendant suffered, by the above occupational negligence, the injury of brain-dead to the above victim, who did not have any wound in the two weeks open for the treatment of approximately two weeks, and the injury of knee, knee, knee, etc., who requires approximately two weeks of treatment to the victim F, who was the fe of the above taxi (the feee, 32 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to traffic accident occurrence reports and diagnosis certificates;

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 an alternative fine for punishment;

1. A fine of 1.5 million won to be imposed and suspended;

1. Article 70(1) and Article 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 Act (the following circumstances) of the suspended sentence (the sentence against the defendant shall be imposed in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the following circumstances).

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