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(영문) 춘천지방법원 원주지원 2018.09.19 2018고단635
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 May 17, 2018, the Defendant came to run a three-way distance in front of the 3051 So-ri, Won-si, Kim Jong-si, North Korea, Seoul, in the front of the 3051 So-called So-called So-called So-ri-si.

There are three-distance crossings where signal lights are installed, so a person engaged in driving service has a duty of care to safely proceed in accordance with the progress code.

Nevertheless, the Defendant neglected this and received the left-hand turn turn from the U.S. permitted zone by negligence in violation of the signal and received the top-hand turn-hand turn-off vehicle of the victim D(34 ) driving, E. Karen car class, which was driven by the Defendant, as the front-hand part of the U.S. car operation.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as salt, tensions, etc. in light of the three-day medical treatment, and the victim F (V, 24 years old), who was accompanied by the said car rental car, the victim F, who was accompanied by the said car rental car, for a 13-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report, on-site photographs, diagnostic certificates, and written confirmation for release from admission (F), diagnostic certificates, and medical records (D);

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. Article 62(1) of the Act on the Suspension of Execution (a) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the fact that there is a criminal record of the defendant, the criminal records of the crime, the criminal records of the crime, and the result thereof, and no agreement has been reached between the victim D. However, the defendant has no criminal records of suspended execution or more, and since the vehicle operated by the defendant at the time of the traffic accident in the instant case was covered by the comprehensive motor vehicle insurance, the victim shall be compensated for considerable damage.

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