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(영문) 수원지방법원 성남지원 2018.08.16 2018고단1110
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 21, 2017, the Defendant driven the above vehicle at around 06:30, and proceeded to turn to the right from the later side of the Korean apartment complex at the one-way road at the entrance of 111, the sub-section 802, the sub-section 1, the sub-section 1, the sub-section 802, the sub-section 1, the sub-section 1, the sub-section 2

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident by safely driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and went to the right side of the bicycle driven by the victim E (75 ) of the victim E (75 ) who was going to the right side from the front part of the Defendant’s vehicle while going to the right side while driving in violation of the signal even though the traffic signal was a red signal with a stop signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the blood transfusion from an external wound, which does not have any wife within 12 weeks in need of open medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

1. Application of Acts and subordinate statutes to field photographs ( KRW 1 Vehicle Track videos);

1. Relevant 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] The scope of injury to a victim caused by the instant accident shall be the mitigated area (one month to eight months).

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