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(영문) 수원지방법원 여주지원 2019.06.24 2019고단417
교통사고처리특례법위반(치상)
Text

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

However, 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

The defendant is a person who is engaged in the driving of Mati Cargo Vehicles B.

On 12:45 on 23:204, the Defendant driven the above cargo vehicle and proceeded with the treatment intersection which is located in the credit route at the time of inn, from the bank of the head of the Dong to the bank of the Si/Eup at the speed of the non-permanent speed.

Since there is a cross-section where signal lights are installed, in such a case, the driver of the motor vehicle has a duty of care to live well the right and the right of the motor vehicle and to prevent the accident in advance by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and failed to discover the DK5 car driven by the injured party C (Nam, 23 years old) who is going to an intersection from the right side of the above cargo vehicle to the left side of the lower side by green signals, and received the front part of the said 5 vehicle as the front part of the right-hand part of the above cargo vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as spawn, etc., on the spawn, etc., of a spawn, which requires two-day medical treatment, and suffered injury to the victim E (Espa and age 24) who was aboard the said K5 vehicles, such as spawn and tensions that require three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Signal frequency table;

1. Each written diagnosis;

1. Accident video CDs;

1. Application of Acts and subordinate statutes on traffic accident;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general.

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