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(영문) 수원지방법원 안산지원 2017.12.20 2017고단2640
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a car in B SP area.

Around September 19, 2017, the defendant driving the above vehicle and driving it on September 19, 201: 01:44, the 162 distance from Ansan Customshouse in the front line of the members of Ansan-si on September 19, 201.

Since the location is a private-distance intersection with signal apparatus, a person engaged in driving service has a duty of care to safely proceed in accordance with the signals and prevent accidents.

Nevertheless, the Defendant neglected this and did not temporarily stop in the front-round flashing signal, and did so on the part of the victim C(26 years old) driving, which was in the straight-off line from the right side of the driver's vehicle to the left side of the driver's vehicle, caused the front part of the driver's vehicle to go beyond the road by shocking the front part of the driver's vehicle into the front side of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim in spine Nos. 3 and 4, which require approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of the police and a map of the site;

1. Report on investigation;

1. Photographs related to accidents;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendation] Article 62(1) of the Criminal Code of the Criminal Code [the grounds for sentencing] [the scope of recommendation] Article 62(1) of the Act on the Punishment of Traffic Accidents (including any effort to recover damage caused by traffic accidents) [the person who has been specially mitigated] mitigated area (one month to eight months] [the decision of sentence] [the degree of injury inflicted on the victim due to the accident in this case is serious, but the defendant is seriously against his/her mistake, and there is no other criminal record except a one-time fine, and the victim is injured by agreement with the victim.

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