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(영문) 춘천지방법원 2016.07.22 2016고단419
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 driving a cargo vehicle as C25.5 tons.

On April 5, 2016, the Defendant had been driving the above automobile on the ground that the line No. 44 of the national highway 44, which was located in the north-do class of Gangwon-do, Down-do, Down-do, was driven from the alley to the original slope.

Since there is a private distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to live well on the right and the right and the right and to safely drive by complying with signal signals.

Nevertheless, the Defendant neglected to do so and received the front part of the E-Poter 2 truck, which was driven by the victim D (45 ) who had entered the port to the port from the right side of the course when the Defendant was negligent in proceeding with the stop signal as it is, in contravention of the signal, and was driven by the victim D (45 ) who had entered the normal intersection in line with the signal to the port.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the instant middle-water floor, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A investigation report (CCTV CDs);

1. The actual investigation report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes to medical certificates (victim D);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of crimes] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] in the case of bodily injury from among the types of traffic crimes (special mitigation factors] punishment non-specific aggravations (special aggravation factors] [the scope of the recommended punishment] from April to one year without prison labor;

2. The defendant's decision to sentence has caused the instant traffic accident by gross negligence, which is a violation of signal, and the victim's injury is serious.

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