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(영문) 수원지방법원 안산지원 2019.10.25 2019고단2749
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

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

On June 29, 2019, the Defendant driven the above vehicle at around 02:08, and driven the intersection of D three-lanes in front of C in C at the Si interesting City, according to the two-lanes between the two-lanes in front of C at the Si interesting room and the outflow of C at the city interesting room.

At this time, the signal, etc. has been installed and the traffic control is carried out, and in such a case, there was a duty of care to prevent accidents while driving persons are safely proceeding in accordance with the new code.

Nevertheless, the Defendant neglected this, while passing through an intersection even though he was a straight-line signal, and went through the intersection, brought the front part of the victim E(E, E, 58 years old) driving directly left at one lane due to the negligence of left-hand turn at the two-lanes, which led to the shock of the front part of the vehicle of the Defendant.

The Defendant caused injury to the above victim by occupational negligence during approximately 10 weeks, resulting in a fluoral injury, etc., which requires approximately 2 hours of medical treatment, and suffered injury to the passengers G (Nam and 40 years of age) of the victimized taxi vehicles for about 12 days in open, without any open two sufferings for about 12 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and E;

1. Medical certificates and written confirmation of entrance and discharge;

1. A traffic accident report and on-site map;

1. Application of Acts and subordinate statutes to on-site and vehicle photographs, black stuffs, and closures;

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

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Circumstances disadvantageous to the decision of sentence: Violation of signal; and

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