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(영문) 대전지방법원 서산지원 2017.12.27 2017고단932
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On August 3, 2017, the Defendant is a person engaged in driving BMW car. On August 14:20, 2017, the Defendant came to drive the said car at the front of D At D (C) in the vicinity of the Seosan City, and came to drive a sewage treatment plant at a speed of about 40 km along two lanes towards the sewage treatment plant.

Since there is a cross-section with a red light on-and-off signal, there was a duty of care to stop immediately before a cross-section in accordance with the red light on-and-off signals and proceed with another traffic.

Nevertheless, the Defendant did not temporarily stop in violation of the on-and-off signal of a red light and took the front part of the victim E(60) driving, which was driven by the victim E(60) driving on the left-hand side of the running direction of the Defendant, into the front part of the Defendant’s vehicle, and continued to proceed on two-lanes on the left-hand side, the front part of the victim G(41 tax) driving by the victim G(41) driving, which continued to proceed on the left-hand side.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim E, such as a scambling of a scke for about 2 weeks of a scke, the injury of a trend requiring approximately 8 weeks of treatment to the victim H (S) who was accompanied by the vehicle E, and the injury of a scke for about 2 weeks of treatment to the victim G, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes to traffic accident reports (on-site investigation reports), accident site photographs, black stuffs video CDs, and medical certificates;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The circumstances that are favorable to the point that the injury of the victim H was serious: the agreement is made with the victim H.

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