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(영문) 청주지방법원 2018.05.30 2018고단217
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a wing or off freight vehicle B.

On December 20, 2017, the Defendant driven the above cargo vehicle around 06:50 on December 20, 2017, and proceeded with the intersection C in front of the petition-gu, Cheongju-si, with the view of the Korea Basic Science Support Institute on the ground of the underground roadway.

At the time, since the location is where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, the Defendant neglected to make a left turn due to the negligence in violation of the two directions, and received the part on the left-hand side of the victim D(28 tax) driving, which was left-hand side of the window underground roadway, from the flick-off side of the two directions, as the front part of the freight of the Defendant driving.

As a result, the Defendant suffered injury to the victim, such as the heat failure requiring approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The extent of injury to the victim is serious, and circumstances favorable to the fact that no agreement has been reached with the victim: The defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime are considered as follows: The defendant's age, sexual conduct, environment, motive, means and consequence of the crime;

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