(영문) 청주지방법원 2017.09.28 2017고단1093

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(영문) 청주지방법원 2017.09.28 2017고단1093

교통사고처리특례법위반(치상)등

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

However, the execution of the above punishment shall be suspended for 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 rocketing car.

On April 19, 2017, around 21:20, the Defendant proceeded along two lanes with the roads of 652, 652, and 4-lanes in front of the 2nd Round of the Sincheon-gu, Seocheon-gu, Seocheon-gu, the Guncheon-gu, the Seoul High Court of Justice, along the two-lanes of the roads in front of the 2nd Doncheon-do.

Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving duty to drive safely according to the signals.

Nevertheless, the Defendant neglected this and caused the injury of the victim C(59) driver's left side of the defendant C(59) driver's vehicle in front of the left side of the defendant C(the victim) who took part of the 6-day driver's vehicle to the right side of the defendant C(the victim 13 years old) who took part of the 6-day driver's vehicle and took part in the 7-day driver's right side of the defendant C(the victim 13 years old), and damaged the victim E(the victim 13 years old) who took part in the 13-day driver's vehicle by taking part of the 11,565,596 won to the left side of the 5-day driver's vehicle. At the same time, the defendant damaged the 13-day driver's vehicle by taking part of the 11,565,596 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. C’s statement;

1. The application of the relevant Acts and subordinate statutes to each written diagnosis, written estimate for automobile repair, and investigation reporting;

1. Article 3 (1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including specially mitigated persons), the scope of punishment not to be punished (including efforts to recover damage), and the elements of sentencing unfavorable to o:

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