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(영문) 전주지방법원 정읍지원 2018.11.27 2018고단277
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 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 the duty of driving Class B trucks.

On June 5, 2018, the Defendant driven the above vehicle at around 06:50, and continued the intersection at the lower 1776 lower e.g., the lower e., the lower e., the lower e., the lower e., the lower e., the lower e., the lower e., the lower e., the parallel.

At that time, there was a remote distance between the one-lane and the two-lane road in which a signal apparatus operating the red on-and-off signal is installed. In such a case, the driver of the motor vehicle has a duty of care to temporarily stop the motor vehicle before entering the intersection in accordance with the signal or instruction indicated by the traffic safety facilities, check the traffic situation at the right and the right and the right and the right and the safety of the motor vehicle, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not temporarily stop in violation of the signal and went on to the left-hand side from the right-hand side of the Defendant’s vehicle C(49 tax) operated by the Defendant, which was driven by the Defendant, the front-hand part of the driving seat of the Defendant’s vehicle C (49 tax).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately nine weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Evidence and photographs of the traffic accident scene;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes to a report on investigation (related to attaching black images);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures shall cause a traffic accident to the victim due to negligence that the defendant did not temporarily stop in accordance with the red on-and-off signals at the intersection, and thus, the serious injury is inflicted

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