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(영문) 수원지방법원 안산지원 2017.11.08 2017고단2523
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 multilateral vehicles B.

On August 16, 2017, the Defendant driven the above vehicle at around 01:00 and proceeded directly from the 3rd office in the direction of the YT to the 112-line middle school at the Gu of Ansan-si.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals by reducing speed and by examining the right and the right of the road.

Nevertheless, while the Defendant neglected this and proceeded without temporarily suspending while the electric-way signal was in a red and flickering signal, the Defendant her driving D/L driving of the victim C(52 ) operated from the right side of the Defendant’s moving direction to the left side by yellow on and off signals was shocked by the front side of the said Mana Vehicle.

After all, the Defendant suffered from the injury of Mas Vehicle E (V, 49 years old) by occupational negligence on the part of the Defendant, for about six weeks, the injury of a closed pleke that needs to be treated, and for about two weeks in the victim C, the injury of flasium, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. An abstract photograph of a victim's boomor image;

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 a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, etc., shall be determined by considering the following normal relation:

· Disadvantageous circumstances: serious damage, conditions of the same kind of power and favorable circumstances: serious reflectivity, the victim's non-existence of punishment

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