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(영문) 의정부지방법원 고양지원 2018.04.05 2018고단374
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 engaged in dump truck driving.

On January 11, 2018, the Defendant driven a dump truck above 06:45, and proceeded at the speed of 50km from the intersection to the intersection of the city to the intersection of the road outside the intersection of the city at the speed of 50km in the speed of 4 lanes.

At the time, it is a new wall, and since it is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the Defendant neglected this and went to turn to the left from the right edge of the outer maid road due to the negligence of entering the red mar, in violation of the signal, and received the front part of the marp truck operated by C(61 ) of the victim C(61) who was driven by the marp truck in front of the left edge of the marp truck.

As a result, the Defendant suffered from the above occupational negligence to the victim C an injury, such as spine feball, which requires approximately eight weeks of medical treatment, and to the victim D (54 years of age) who was on board the said rocketing car, about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. On-site photographs;

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

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

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 suspension of execution (the driver of a large truck by a defendant, who caused an accident due to a signal violation, and the degree of injury of C among the victims, is hot;

However, in consideration of the fact that the injured party wanted to take the defendant's prior action by showing a reflective form, such as paying KRW 10 million to the above C as a first offender with no criminal history so far.

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