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(영문) 청주지방법원 2017.01.19 2016고단1138
교통사고처리특례법위반
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2016, the Defendant driven the above vehicle around 12:20 on June 4, 2016 by driving the towing vehicle, and driven the two-lane front of the Daesung High School, which is located in 271 at the upper end of the application of the Cheongju-si, along the two-lanes of the Cheongju-si, from the chilling distance to the Cheongju-si intersection.

As signals are installed on the front side, the driver of the vehicle has a duty of care to reduce the speed of the defendant engaged in driving and to prevent the accident in advance by taking into account the other vehicles' attitudes in the signal and the front side.

Nevertheless, the defendant neglected to do so and proceeded in the same direction without living well before.

CHE vehicles are found to be late to stop in accordance with the stop signals, and rapid operation measures were taken, but they did not avoid being faced, and the towing vehicle received the rear part of the X-ray vehicle from the front part of the towing vehicle and caused the shock of the victim E (72 tax) and F (71 years old) who walked on the crosswalk in accordance with the crosswalk signals with the shocking of the crosswalk.

Defendant 1 suffered injury to the victim E, such as salt and tensions, which requires approximately two weeks of treatment due to such occupational negligence, and pressure frame for drillings requiring approximately 12 weeks of treatment from the victim F, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A traffic accident report (1) (2) (2)

1. An accident scene photograph;

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 Aggravated Punishment 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 a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the negligence of the defendant, the degree of injury of the victim F, the reflectiveness, the agreement with the victims after the prosecution, and the defendant.

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