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(영문) 청주지방법원 충주지원 2019.02.20 2018고단735
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 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 car.

On July 25, 2018, the Defendant driven the above car at around 06:04, and proceeded directly with the intersection of Mansansan Tri-distance, which is located in 448(Yan-dong) as the gold-gu, Chungcheongnam-si, Chungcheongnam-si, at the intersection of the elim, from the intersection of the elimb, to the boundary of the Cheongju-gu Office.

At that time, the signal was installed and operated normally, so in such a case, a person engaged in driving a motor vehicle has a duty of care to observe the signal and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and caused the bicycle right side part, etc. driven by the victim C (the age of 83) who was driven by the victim C(the age of 83) who was in the left turn to the front left of the vehicle by the negligence of entering the red stop signal of the front side of the front side by the driver’s car, in violation of the signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as an external wound, which requires approximately 20 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report of investigation (investigative records, 81 pages);

1. The actual condition survey report;

1. A written diagnosis of injury (two pages);

1. An accident site, a vehicle involved in an accident, or a closure photograph of an accident image;

1. Application of the laws and regulations on CDs for storage of accident images, “Dropis” photographic images

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of type: Type I of general traffic accident;

(b) Special supporters:

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