(영문) 의정부지방법원 고양지원 2018.11.08 2018고단1775

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(영문) 의정부지방법원 고양지원 2018.11.08 2018고단1775

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person who is engaged in the operation of D-Ma cargo vehicles.

On March 28, 2018, the Defendant driven the above vehicle on March 28, 2018, while driving the vehicle at the speed of 09:48, the Defendant proceeded about about 60km each hour from the parallel of the meals of 90-1 in the mountain-ro, Yongsan-gu, Yongsan-gu, Sinsan-do.

Since there is an intersection where signal lights are installed, the driver has a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the Defendant neglected this and neglected to enter the red signal intersection in contravention of the signal and received the front part of the victim E(20) driving of the victim E(20) driving, which was the first direction from the middle direction of the math, from the middle direction of the math, on the right side of the math cargo.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires medical treatment for about three months.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Analysis photographs of damaged vehicles;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) has no previous record of a fine of the same kind for a long time, the fact that the injured person does not wish to punish the accused by agreement with the injured person, the circumstances of the occurrence of the accident, the degree and progress of

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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