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(영문) 수원지방법원 평택지원 2017.09.28 2017고단885
교통사고처리특례법위반(치상)
Text

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

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 of a C Poter cargo vehicle.

On April 3, 2017, the Defendant driven an above cargo vehicle on April 3, 2017, and proceeded directly with the shooting distance in front of the reservoir 549-6 Dubridge 549-6, Pyeongtaek-si, Gyeong-si, Gyeong-si, 549-6, to the apartment room on the world, which is easy to move from the slope of the vision.

Since the location is an intersection where signal lights are installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed with the signal.

Nevertheless, the Defendant did not stop before the stop line even when the green signal of the electric signal is completed and the yellow light is changed to the stop signal, and did not enter the intersection as it is, and got the front part of the victim D (W, 43 years old) driving, which is allowed to make a U-turn at the first lane, to the left part of the said cargo, and got the front part of the said cargo, and had the victim F (61 years old) driving of the said passenger car, which is now going to the front part of the said cargo.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D such as an injury to the left-hand bed part of the 8 weeks left-hand bed, and a injury to the victim F, such as a fright and a fright bed, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in the F and D;

1. Application of each medical certificate and traffic signal cycle statute;

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. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Standard for sentencing [the scope of recommended punishment] The basic area (from April to one year) of the types of general traffic accidents.

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