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(영문) 수원지방법원 안산지원 2019.05.29 2019고단1104
교통사고처리특례법위반(치상)
Text

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

However, 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

The defendant is a person who is engaged in driving a dump truck.

On January 11, 2019, the Defendant driven the above truck and continued to drive it over 1:45, leading a three-distance near the C Building to the Jeju Jeju Jeju-do gate from the gate to the Jeju-do Jeju Jeju-do gate.

At this point, there was a duty of care to prevent accidents by thoroughly passing through an intersection in accordance with the signals and signals to a person engaged in driving a motor vehicle as an intersection with a signal, etc.

Nevertheless, while the Defendant neglected this and passed through the above intersection by leaving red signal as it is, the Defendant did not discover the Ethobane of the victim D(29 years old) who was trying to turn to the left from the surface of the c building at the time due to the normal signal, and received the front part of the said truck.

Ultimately, the Defendant suffered injury, such as the withdrawal from the left-hand side in need of medical treatment for about 16 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 교통사고보고⑴⑵, 교통사고발생상황보고⑴⑵

1. Efaging on-site photographs and black stuff images;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 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;

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

1. Although the degree of injury to the victim for the reason of sentencing under Article 62-2 of the Criminal Act is serious, the following factors are comprehensively taken into account: (a) the defendant received treatment with the comprehensive motor vehicle insurance in which the defendant was admitted; (b) the defendant does not want the punishment of the defendant by payment of the amount agreed upon by the victim; and (c) the victim who sent the signal after the passage of the crosswalk appears to have been partially negligent for the left

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