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(영문) 전주지방법원 2018.09.04 2018고단792
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On February 24, 2018, around 16:40, the Defendant driven the above vehicle into the intersection in front of the Songjin-gu Seoul Metropolitan City, Chungcheongnam-gu, 16, in order to drive the said vehicle into the two-lanes among the two-lanes from the shooting distance of the new apartment to the center of Songcheon-do.

At this point, since the signal apparatus was installed, there was a duty of care for a person engaged in driving a motor vehicle to thoroughly see the right and the right and the right and the right and to prevent the accident by driving the motor vehicle safely according to the new code.

Nevertheless, the Defendant neglected this and caused injury to the victim C (18 tax) who entered the intersection in accordance with normal signals from the course direction due to the negligence of proceeding with the stop signals, which led to the injury of the victim C (18 tax) who entered the intersection in accordance with the normal signals. The front part of the DMGJET 124CC was taken into the right side of the above passenger car volume, and suffered about 12 weeks of care to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of a survey report on actual conditions;

1. A written statement (Ma2 Obama);

1. Investigation report (related to the statement of a wooden person);

1. Medical certificate (C);

1. Application of Acts and subordinate statutes concerning the investigation report (CCTV analysis);

1. Relevant legal provisions on criminal facts, Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor / [the scope of recommended punishment] No person in the basic area (four months to one year) [no person with special sentencing] [the decision of sentencing] [the defendant] has caused a traffic accident in violation of signal, and the victim has not made any effort to recover the damage even though the degree of injury is serious.

In this context, the defendant has no criminal history exceeding the fine and the fact that he/she is covered by a comprehensive insurance shall be determined by the order in consideration of favorable circumstances, and the additional damage shall be recovered.

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