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(영문) 수원지방법원 2019.05.08 2018고단6356
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the driving of freight B and B.

On June 23, 2018, at around 06:19, the Defendant proceeded at a speed of about 40km in Si/Gu, depending on three-lanes from the administrative riside to the geographical riside, along the three-lanes of the ambi-distance intersection (hereinafter referred to as “instant intersection”).

At this point, there is a duty of care to reduce speed to a person engaged in driving of a motor vehicle and to prevent an accident by safely passing through an intersection in accordance with the signals, while keeping the person engaged in driving a motor vehicle well in the operation of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to go through the instant intersection in violation of the signal, thereby passing the said intersection from the left side of the Defendant’s running direction to the right side of the said crossing, and received the parts of the victim C(47 years of age) driving the said intersection in front of the right side and the front side of the said cargo vehicle.

After all, the Defendant suffered from the above occupational negligence that requires approximately eight weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site photograph;

1. A photograph of a CD for the storage of CCTV files for crime prevention, a signal cycle tag, a internal investigation report (Analysis of cross-lane signal cycle), a internal investigation report (CCTV analysis and the propriety of witness statements), and a photograph by capturing CCTV images;

1. Medical certificate [Judgment on the argument of the defendant and his defense counsel]

1. The summary of the argument is that the Defendant had already entered the instant intersection when green signal lights, etc., and the Defendant did not violate the signal and did not breach the driver’s duty of care when crossing.

2. The following can be revealed by the evidence duly adopted and examined by the court.

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