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(영문) 수원지방법원 2017.01.18 2016고단6000
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 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 of a cargo vehicle B 14 tons.

On September 10, 2016, the Defendant driven the above cargo vehicle around 06:00, and proceeded along three-lanes in front of the shooting distance from the entrance of a master zone in the north-east of the wife population at the time of the port of Tae-si according to three-lanes from the view of the viewing to the3-lane of the Uniform Park.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding with a stop signal, and due to the negligence in violation of the signal, and was driven by the victim C(51) who is driving from the three-distance distance in the Mapo Uniform Park to the right-hand left-hand turn at the university of the university, and received the front-hand part of the cargo vehicle in front of the cargo vehicle operated by the Defendant.

Ultimately, the Defendant suffered, by its occupational negligence, injury to the victim C, such as scambling, etc. on the part of the body that requires approximately two weeks of treatment to the victim C, injury to the victim E (54 years of age) who is the franchise of the above franchise in order to provide approximately six weeks of treatment; injury to the victim F (60 years of age) of the same passenger in need of approximately two weeks of treatment; injury to the franchis, tensions, etc. in need of approximately three weeks of treatment; and injury to the victim G (66 years of age) of the same passenger, such as franchis and tension in need of three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Investigation report (investigation of CCTVs at parking or stopping);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to CCTV closures;

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

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

1. Selection of penalty;

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