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(영문) 수원지방법원 안산지원 2018.03.09 2018고단152
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 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 Crane car.

On December 11, 2017, 04:35 around 04:35, the Defendant proceeded with the intersection of 519 Ghana by using three lanes of the five-lanes between the two-lanes of the erogate and the two-lanes of the erode.g.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by keeping the front door and the left and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded to turn to the left from the opposite direction of the defendant's proceeding due to negligence, disregarding that the vehicle driving signal is a stop signal, and caused the victim D(W, 31 years old)'s Efrad drive 31 years old to turn to the left at the right-hand turn from the opposite direction of the defendant's proceeding.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as cutting the frame and closing of a tent in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (Consideration of imprisonment without prison labor, gross negligence of defendants concerning the occurrence of an accident, degree of damage, etc.);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Code (i.e., reflective points, agreed with the victim, and initial charges) of the suspended execution.

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