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(영문) 수원지방법원 안산지원 2019.03.28 2018고단4399
교통사고처리특례법위반(치상)
Text

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

except that 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 B-Wood vehicle.

On November 22, 2018, the Defendant driven the above car on the 12:05th day of November, 2018, and led to the front of the member C C in Ansan-si to the D convenience point from the side of the company bank, whichever was later.

At this point, there is an intersection where a red on-and-off signal is installed, so the person engaged in the driving of a motor vehicle was obliged to temporarily stop immediately before or after the intersection and to proceed with other traffic.

Nevertheless, the Defendant neglected to temporarily stop and did not temporarily stop on the left-hand side of the course, and the part on the right-hand side of the Frash drive E (the age of 45) driven by the victim E (the age of 45) under the yellow on-and-off signals, was shocked by the front-hand part of the Defendant’s driving.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as salt and tensions that require a two-day medical treatment, and the injury to the victim G (the 27 years of age) who is the passenger of the damaged vehicle for eight weeks, such as the mouth of the left-hand body fladr in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each traffic accident report;

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

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

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (contributive consideration, such as the reflection of the error of the defendant, the fact that vehicles are covered by comprehensive insurance, the victim G and criminal agreement was made with the victim, the victim E does not want to punish the defendant, and the fact that there is no criminal record exceeding the fine);

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