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(영문) 수원지방법원 2019.07.25 2019고단2377
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a BM7 car.

On April 20, 2019, the defendant driven the above car on April 18:53, 2019, and the 1051 sick point centered in the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic e.

Since there is a long distance crossing where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by safely driving in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and neglected to turn to the right on the right-hand signal in violation of the signal, and had the victim C(39 years of age) driving, who was normally straight from the opposite line, under the new subparagraph, go beyond the road when he was operated by the defendant in order to avoid collision with the SM7 car operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate and an invoice of oriental medical treatment expenses;

1. Application of Acts and subordinate statutes to a traffic accident report, to take CCTV images for crime prevention at the scene of the accident, to capture photographs of CCTV images on commercial buildings at the scene of the accident, and to take photographs of the CCTV images

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. The scope of recommendation [decision of type] according to the sentencing guidelines shall be limited to the general traffic accident [Type 1] there shall be no person causing a traffic accident [the scope of recommendation field and recommendation range], the basic area of the traffic accident [the scope of recommendation field and recommendation range], four months to one year [the general person].

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