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(영문) 광주지방법원 2017.01.12 2016고단3093
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-3 car.

On May 13, 2016, the Defendant driven the above vehicle at around 23:30 on May 13, 2016, and turned the private distance intersection in front of the prime audience in the transmission dong at the city, from the innovation city to the viewing gate.

At the time, the Defendant operated a red on-and-off signal, so in such a case, the person engaged in driving service has a duty of care to temporarily stop immediately before or after the stop of the stop line or crosswalk and to safely drive the vehicle with due care for other traffic.

Nevertheless, by neglecting this, the Defendant’s negligence proceeded to the right side of the Defendant’s vehicle, and the part of the victim D(64) driving, which was straight down from the right side of the Defendant’s proceeding to the left side by the yellow-off signals, was shocked into the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim F (n, 38 years of age) who was accompanied by the Defendant’s vehicle to the victim F (n, e.g., 1 to 3 times in order to provide approximately 6 weeks of medical treatment, the injury of the brain scam in need of approximately 2 weeks of medical treatment to the victim G (n, e.g., 46 years of age) who was accompanied by the Defendant’s vehicle, the injury of the brain scams in need of approximately 2 weeks of medical treatment to the victim D, and the injury of the h (n, f3 years of age) who was accompanied by the victim H (n, f3 years of age) who was accompanied by the said sirenn vehicle for about 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the actual survey report, each medical certificate, and traffic accident evidence examination-related Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows.

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