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(영문) 의정부지방법원 2016.10.28 2016고단3399
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 beer or vehicle B.

On June 8, 2016, the Defendant driven the above-mentioned vehicle around 21:10, and led to the intersection of the three-way distance in front of the Gyeonggi-do at the two weeks of the match, to the right ahead of the tin-ri distance from the Jido Elementary School.

At all times, there was a duty of care to prevent accidents by proceeding with an intersection signal to a person engaged in driving on the intersection with a signal apparatus, as instructed by the signal apparatus, according to the signals as directed by the signal apparatus.

Nevertheless, the defendant neglected this and caused the front side of the victim D (the 52-year-old 52)'s Epiced vehicle to cross-section from the left side of the course direction to the right side of the stop signal by the negligence in violation of the stop signal, and caused the front side of the fpic vehicle to shock the front side of the fpic vehicle, and caused the fpic vehicle to shock the front side of the fpic vehicle to the left side of the fpiced vehicle.

As a result, the Defendant suffered injury to the victim D, such as catitis that requires two weeks of medical treatment, and injury to the victim H (the 51 years of age, the fat, and the fat of the floor in need of medical treatment for about six weeks, respectively, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, by negligence, inflicted an injury on the victims who driven in violation of the signal, and in particular, caused an injury requiring approximately six weeks of medical treatment to the victims H, and the circumstances favorable to the point that it did not reach an agreement with the victims: the defendant.

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