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(영문) 춘천지방법원 원주지원 2017.11.30 2017고단906
교통사고처리특례법위반(치상)
Text

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

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

On May 27, 2017, the Defendant driven a B rocketing taxi, around 10:45, and proceeded to turn to the left one way in the vicinity of the 3-lane 2541, from the west-do off of the Hanju-si, the two-lanes around the 3-lane 2541.

There are three-distance crossings where traffic is controlled by signal, etc., and thus, the defendant engaged in driving service had a duty of care to safely drive under the new subparagraph by reducing speed and reducing the right and the left and right, but due to occupational negligence, disregarding the stop signal, and left and right-hand, the defendant suffered injury to the victim's front part of the victim C(36 tax) driver's two-wheeled driving in the opposite lane by taking over the front part of the driver's vehicle's two-wheeled driving in the opposite lane into the front part of the driver's vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written proceedings;

1. A report on the occurrence of a traffic accident, a report on the circumstances of the driver with the main driver, and a survey report on actual conditions;

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

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 choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] The scope of general traffic accidents in Article 62(1) of the Criminal Act is very serious for the defendant's negligence of driving a vehicle in violation of the mitigated area (one month to eight months), the mitigated area (including special mitigated persons), the punishment is not imposed (including efforts to recover damage) [the decision of sentencing], and the victim's damage caused thereby is considerably significant.

The records, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, the situation after the crime, etc. are shown.

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