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(영문) 대구지방법원 서부지원 2016.12.23 2016고단1525

교통사고처리특례법위반(치상)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2016, at around 17:35, the Defendant driven a freight truck (2.5 tons) that is the main truck (2.5 tons) in the C Hyundai Marti 21, 2016, and proceeded to the second public corporation, at a speed of about 40-50 km from the direction of the Pungdong-ri 258-1, which is located in the Changri-ri-ri, Changri Island 258-1.

Since there is an intersection where signal lights are installed, the driver of a motor vehicle has a duty of care to reduce the speed, to live well on the right and the right of the road, and to drive safely in accordance with the signals.

Nevertheless, even though the Defendant neglected this and the signal was changed to a vehicle stop signal, the Defendant suffered approximately 6 weeks of medical treatment from the victim D(75-5-year old) who entered the right side of the victim D(75-year old) to the left side of the left-hand turn from the road due to the fact that the Defendant entered the intersection to the intersection, and the left-hand turn from the right side of the victim D(75-year old) driving to the left-hand side of the vehicle, and the victim D(4-7-7-year old) suffered from the click cage, the left-hand side (4-7-year old) and the victim F(77-year old) who is the passenger of the above 35-year car, for approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

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 and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering that there exists an agreement with victims, the fact that they have subscribed for comprehensive motor vehicle insurance, the fact that they have no criminal record heavier than fines, age