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(영문) 수원지방법원 2019.01.15 2018고단5751
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a B-learning car.

At around 22:45 on July 28, 2018, the Defendant continued to turn to the left at the left of the middle distance from C to the direction of the middle distance.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals by reducing speed and taking into account the left and right well.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the red signal and received the full right side part of the victim E(24 years old) driving in the normal straight distance from the direction D to the left side of the road due to the negligence in violation of the signal, and received the full right side part of the victim E(24 years old) driving.

As a result, the Defendant suffered, by negligence, the injury of the above victim, such as salt, tensions, etc. in need of treatment for about four weeks, and the injury of the victim G(22 years old) who was accompanied by the said SM6 car, to approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site photographs of the accident site and data on the image of damaged vehicles, motor vehicles and records;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc. shall be as follows:

The defendant is divided into and reflected in the crime of this case.

Vehicles operated by the defendant are covered by a comprehensive insurance.

There is no history of criminal punishment except for a minor fine.

(b) the defendant;

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