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(영문) 수원지방법원 안양지원 2019.02.14 2018고단1915
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 engaging in driving a rocketing car.

On July 14, 2018, the Defendant driven the above car at around 12:30, and had the stable distance located in 683 at the time of Ansan to turn to the left at the right two-lanes from the surface of the driving distance of the private teaching institute at the location of the driving distance.

Since there is an intersection where signal apparatus is installed, there was a duty of care to reduce speed to the person engaged in the vehicle driving business and to safely drive the vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and did not turn to the left without changing the front signal to a red turn, and instead, the defendant was found to have taken the left part of the victim C(36 years old) driving the said intersection from the front of the front line of the said rocketing car.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence in the course of business as above, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration to reflect the fact, the fact that comprehensive insurance is subscribed, and the fact that there is no same kind of power);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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