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(영문) 청주지방법원 충주지원 2016.09.09 2016고단456
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 Dozers XG car.

On June 12, 2016, the Defendant driven the above car at around 00:25, and passed it by using one-lanes from the distance of death trees to the Election Management Committee, from the distance of death trees to the distance of two-lanes.

Since there was an intersection where a red on-and-off signal is installed, in such a case, there was a duty of care to prevent accidents in advance by temporarily stopping the vehicle to a person engaged in driving service prior to entering the intersection, and by checking whether there is another vehicle to pass through the intersection by checking well the right and the right of the front side of the vehicle.

Nevertheless, the Defendant neglected this and led to the negligence of entering the intersection at the same speed, followed by yellow on-and-off signals from the territory of Korea to the east of the west, the front part of the FK5 car driven by the victim E (55 years old) who was passing through the intersection from the territory of Korea, was shocked into the right side of the said new franchise XG car.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately 3 weeks of treatment, and the victim G (S 41) who was on the said K5 car from the said K-based car, a non-feld feld ground in need of approximately 2 weeks of treatment, and the victim H (S 45 years of age), respectively, for approximately 13 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. The actual survey report and photographs related to traffic accidents;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 concerning the ordinary concurrent crimes (a punishment provided for in a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against H of a Victim with the largest penalty);

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

1. The Criminal Act, the suspension of execution;

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