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(영문) 수원지방법원 안산지원 2019.03.21 2018고단3722
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

피고인은 B 봉고Ш 화물차의 운전업무에 종사하는 사람이다.

On September 23, 2018, the Defendant, without a driver’s license on September 23:34, 2018, driven the above cargo vehicle and proceeded along the intersection of the private distance of 90-1, Ansan-si, Yasan-si, Yasan-dong, along the two-lanes from the west to the west.

At the time, since it is an intersection in which a signal is installed at night and is installed, there was a duty of care to live well in the front and surrounding area and drive safely in accordance with good faith.

Nevertheless, the Defendant neglected this and received the left part of the D Village bus driving D(67 years old) of the victim C (67 years old) who is making a left turn to the left in accordance with the new subparagraph in the opposite part of the right-hand fried signal in contravention of the signal, in front of the above cargo vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C such as salt pane, tension, etc. of the whole species of light that require approximately 2 weeks of treatment to the victim E (24 years of age) who is the passenger of the said cargo vehicle, and suffered injury, such as the knee bones, etc. of the victim F (23 years of age) who is the passenger of the said cargo vehicle, for about 14 weeks of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement regarding C;

1. The ledger of driver's licenses, black and video CDs of damaged vehicles;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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