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(영문) 의정부지방법원 2018.08.24 2018고단2192
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving Category C 25 tons dump vehicles.

On October 21, 2017, the Defendant driven the above vehicle at around 03:10 on October 21, 2017, driving the three-laned road in front of Dongdaemun-gu Seoul Metropolitan Government, along the two-lanes from the direction of this reading center, led to the three-distance intersection where this reading center runs along the two-lane lines to the new direction.

At this point, the signal apparatus is installed as a three-distance intersection, and it is possible to turn to the left from the right side of the vehicle driving direction of the defendant, the Korean Railroad Construction Corporation, which is the right side of the vehicle driving of the defendant, there was a duty of care to prevent accidents by safely driving in accordance with the signals, such as stopping red signals.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal while the signal was red, and the victim E (53) who enters the front of the Defendant’s driving vehicle after left the front line on the right side of the vehicle in the direction of the Defendant’s driving vehicle and entered the front of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E the injury of a 4/5 thirregs, which requires approximately 14 weeks medical treatment, and on the part of the victim G (28 tax) who is the passenger of the said taxi, about 5 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident (G, E);

1. A survey report on actual conditions;

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

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. In principle, the sentencing criteria are based on the mutual relation between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) on the grounds of sentencing of the selective imprisonment without prison labor.

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