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(영문) 수원지방법원 2018.04.03 2018고단163
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

Criminal facts

The defendant is a person who is engaged in driving a ST7 Orala.

Around 18:40 on December 3, 2017, the Defendant driven the above Oral Ba, and led Daehan to the front distance of the veterinary hospital located in Seosung-si C at a dial speed from the offside of Seodong-dong to the offside of gold.

Since there is a shooting range in which signal lights are installed, there was a duty of care for those engaged in driving service to take the front door well and to prevent accidents in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and received the left part of the F Karen car in front of the front part of the U.S. car, which was driven by the victim E (39C) under the traffic signals on the road facing a sudden negligence in contravention of the vehicle stop signal.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim E, who was on board the said car at approximately two weeks of light tensions, tensions, etc., on the part of the victim G (the age 41) who requires approximately two weeks of treatment, and inflicted on the victim H (the age 38) such injury as dykes, tensions, etc. in the part of the arms in need of treatment for about two weeks of treatment, as well as on the part of the body of the victim H (the age 38), suffered from the victim I (the age 10), on the part of the body of the arms in need of treatment for about two weeks of treatment; on the part of the victim E (the age 8); on the part of the victim J. (the age 6); on the part of the victim K (the age 2), on the part of the victim’s dykes in need of treatment for about two weeks of treatment; on the other hand, on the part of the victim’s hyke and other necessary injury (the age 2).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

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 penalty;

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