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(영문) 전주지방법원 2017.04.18 2017고단7
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 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 of a motor vehicle B and C.

On November 30, 2016, the Defendant driven the above cargo vehicle around 18:20 on November 30, 2016, and proceeded with a road of about 30 km in front of the D Jeong-si Kim Jong-si, Kim Jong-si.

At the same time, the surrounding area was kept at night, and there was an intersection where red-off signal is installed at the front of the place, so there was a duty of care to prevent accidents in advance by driving safely after checking whether there are other vehicles passing through the intersection by temporarily stopping before entering the intersection.

Nevertheless, the Defendant neglected to do so and found that the victim E (59) who passed the place on the left side of the running direction of the Defendant in accordance with yellow on-and-off signals by negligence without temporarily stopping it before entering the intersection and without making it possible for the Defendant to drive it late later, and received the front part of the said cargo vehicle by the front part of the said cargo vehicle.

The Defendant: (a) by such occupational negligence, caused the above victim to suffer injury to the victim, such as a breath and sloping of underwater water (water) around the left-hand side in need of approximately 6 weeks of treatment; and (b) the victim F (F) who was on the brea-dong-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-Jed-P

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (CCTV analysis);

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that vehicles are covered by comprehensive insurance.

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