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(영문) 수원지방법원 안양지원 2018.07.03 2018고단41
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving a D bus.

On December 10, 2017, the Defendant driven the above bus around 21:14, and proceeded along the intersection of the private distance of the lifelong learning center located in Sinpo-si, Sinpo-si, with two-lanes from the west of Sinpo-si, Sinpo-si to the west of Sinpo-si.

At the time, since it is an intersection where a signal is installed at night and at this time, there was a duty of care to drive a person engaged in driving a motor vehicle in good faith while driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the right side of the opposite underground vehicular road from the distribution room of Korea (32 tax) due to the Defendant’s negligence in violation of the signal, and received the front portion of the above bus.

As a result, the Defendant suffered injury, such as cutting the frame of a string back, etc., from the victim’s occupational negligence, which requires treatment for about three months.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: One to eight months (the scope of the recommended punishment) of imprisonment without prison labor, and the mitigation area (one to eight months) of the mitigation area (one to one month) of the types of general traffic accidents;

2. Determination of sentence - Determination of favorable circumstances: the fact that the degree of damage is against the victim, agreed upon with the victim, and the degree of damage is not minor;

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