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(영문) 춘천지방법원 2018.01.17 2017고단1214
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a car in XG.

On October 27, 2017, the Defendant driven the above car at around 20:15, while driving the said car, the front intersection in Chuncheon City C came straight from the right side of Mancheon Elementary School to the right side of Posco apartment house at about 40km each hour between the two-lanes.

Since the location was a remote distance in which signal apparatus is installed, in such a case, a person engaged in driving of a vehicle has a duty of care to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant’s negligence in the course of business that entered the intersection of the red signal in contravention of the signal, received the front part of the Defendant’s car in front of the front part of the Defendant’s car, a part of the FCA 1105 motor bicycle driving of the victim E (38 S) who was directly engaged in an apartment in accordance with green signals on the apartment side.

Defendant 1 suffered approximately 14 weeks from the foregoing occupational negligence, she received a bruption of the brupt part of the brush which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to data on the operation of traffic signal control devices, diagnostic certificates (E) and survey reports on actual conditions;

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, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's act of negligence is not less than that of the victim because the bicycle rider driven by the victim was shocked while driving in violation of the signal at night, and that serious injury to the victim occurred, etc. are the elements for sentencing disadvantageous to the defendant.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, there is no record of criminal punishment of qualification suspension or heavier punishment for the defendant, and the vehicle of the defendant seems to be being covered by the comprehensive automobile insurance.

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