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(영문) 수원지방법원 안산지원 2017.06.21 2017고단1270
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 motor vehicle B at a low cost.

On April 9, 2017, the Defendant, at the time of light lighting around 16:00, driven the front road in the direction of the luminous IC, and the signal signal to turn to the right at the intersection was turned to the right at the front of the intersection in the front of the front bank, due to the Defendant’s negligence of driving straightly in violation of the new subparagraph, and due to the Defendant’s failure to turn to the left at the right front of the right side of the passenger vehicle at the right side of the victim D(42 years old) driving, who was going to turn to the left at the right side of the passenger vehicle.

Defendant 1 suffered, respectively, injury to the victim D, such as cryp, etc. requiring approximately three weeks of treatment, cryp, etc., the right side for about four weeks of treatment to the victim F (F, 41 years of age), cryp fry, etc., the victim G (12 tax) and H (W, 9 years of age), respectively, due to the above occupational negligence, in need of treatment for about one day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs, vehicle photographs, black stuff images;

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

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter referred to as the grounds for sentencing) is that the scope of the recommendation of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F. is set from April to one year (the traffic crime group, the first type (the injury of traffic accidents), and the basic area). However, in the instant case, there is no separate handling method as to the ordinary concurrent crimes, it should be considered only as reference for proper sentencing. The Defendant caused the instant traffic accident by negligence in violation of the signal, and the degree of the victim D and F’s injury is not easy.

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