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(영문) 전주지방법원 2017.09.26 2017고단577
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 DN car.

On March 4, 2017, the Defendant came to proceed to the intersection of the chill site behind the Jinjin-gu Seoul Metropolitan Government, Jinjin-gu, Seoul Metropolitan City on March 4, 2017, with the crosssection recommended from the agricultural bank.

At that time, the speed of the road was 50 km per hour, and the yellow on-and-off signal was operated, so there was a duty of care to safely pass through the intersection, such as not entering the intersection, in the case of a motor vehicle with the first approach to the intersection while driving the motor vehicle in compliance with the speed limit and driving the motor vehicle.

Nevertheless, even though the passenger car at the end of the above intersection E (the remaining and the age of 30) entered first, the defendant was due to occupational negligence that entered the intersection by driving the above car at a speed of about 94.4 km and entered the intersection. The defendant suffered from the injury of the victim E by taking the front part of the victim E's horse side side in front of the victim E's horse side car at the speed of about 94.4 km. The defendant suffered from the injury of the victim E by taking approximately two weeks forward of the victim E's horse side in front of the driver's horse side due to the shock, and the injury of the victim F (the remaining, 30 years old) who is the son in need of approximately two weeks medical treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a traffic accident analysis report and photographs on the accident scene;

1. Blue boxes and video CDs;

1. Application of Chapter Three Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 3 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. Selection of a credit cooperative without prison labor for punishment;

1. An agreement is reached with the victims of the reasons for sentencing under Article 62-2 of the Criminal Act, which provides community service order and attend lectures under Article 62(1) of the Act on the Suspension of Execution.

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