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(영문) 수원지방법원 평택지원 2019.02.21 2018고단1435
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 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 a BM5 car.

On March 18, 2018, the Defendant driven the above car at around 22:20 on March 18, 2018, and led to the left-hand turn to the left-hand turn at a 33-year intersection of the reservoir with private distance from the Pyeongtaek-si cultural village of Pyeongtaek-si.

At the time, the night time was in a state of raining, and in particular, there was a private-distance intersection where signal lights are installed at the front, so in such a case, there was a duty of care to drive a motor vehicle safely in accordance with good faith.

Nevertheless, the Defendant neglected this and proceeded to the left by making a left turn in violation of the above signal signal, etc., and received the part of the victim D(62 years old) driving EM7 car driving in front of the driver’s seat in the EM7 car driving by the victim D(62 years old) who followed the straight line from the side of C Hospital to the small square zone.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in light of the cirratty which requires approximately three weeks of medical treatment, and suffered injury to the victim F (n, 46 years of age) who was on the said SM7 car, such as dypitis by a warden requiring approximately five weeks of medical treatment, and injury to the victim G (n, 45 years of age) who was on the Defendant’s driving, which requires approximately three weeks of medical treatment to the victim G (n, 45 years of age) who was on the said SM5 car, such as the pelus of the 1 fyp, and the 45 years of age, to the victim H (n, 45 years of age) who was on the said SM5 car, for about five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I, G, and D;

1. Each report on investigation;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act, selection of imprisonment without prison labor.

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