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(영문) 광주지방법원 순천지원 2019.05.23 2019고단246
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Power] On February 9, 2017, the Defendant was sentenced to imprisonment for four months with prison labor for violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Gwangju District Court’s net support on February 9, 2017, and the said judgment became final and conclusive on February 17, 2017 and is currently suspended

【Criminal Facts】

The defendant is a person who is engaged in driving a Bchip car.

On December 26, 2018, the Defendant driven the above car on December 26, 2018, and proceeded along one-lane from the side of the funeral bridge at the time of leisure.

In this case, the driver of a motor vehicle has a duty of care to temporarily stop in the intersection when the electric signal is a red signal, to check whether the motor vehicle is a motor vehicle passing through the intersection and to check whether it is a motor vehicle driving through the intersection while driving the motor vehicle safely according to the traffic signal, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded with the part of the victim D(61 years of age)’s KS7 car front gate of the victim D (61 years of age) who opened the intersection from the left side of the moving direction to the right-hand side of the moving direction by the Defendant’s negligence.

Ultimately, the Defendant suffered injury to the victim D and the victim F (the age of 66) by occupational negligence, such as salt, tension, etc. in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (same records, such as suspension of execution of sentence, and attachment of judgment, etc.);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Commercial concurrence;

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