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(영문) 대전지방법원 천안지원 2013.04.11 2013고단239

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of the observer car B.

On January 21, 2013, around 02:05, the Defendant proceeded at approximately 20 to 40km each hour from the bYC side to the bYC apartment zone in the BYC, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

At the time, the signal apparatus at the front of the road was deep and there was a red flashing, so in such a case, the driver of the vehicle had the duty of care to prevent the accident in advance by safely driving the vehicle, such as reducing speed and temporarily stopping the road before entering the intersection, if the vehicle is passing through the intersection as it was well examined.

Nevertheless, the Defendant neglected this and did not stop before entering the intersection, and did not proceed to the right side from the left side of the proceeding direction to the right side of the victim C(the age of 42) driving in accordance with yellow on-and-off signals, and received the front right side of the D taxi as the front part of the passenger car.

Ultimately, the Defendant suffered, by the above occupational negligence, approximately 12 weeks of injury to the victim C, such as duplic of cuplic fage, etc., which requires approximately 3 weeks of treatment to the victim E (33 years of age), and the victim F (29 years of age), respectively, due to the victim E (33 years of age), the victim F (29 years of age) in the left-hand side side of the knee requiring approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a medical certificate and each medical opinion;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Reasons for sentencing [decision of type] under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1548, Apr. 1, 201) of the Act on the Suspension of Execution (see, e.g., Decision of the recommended field] basic area [the scope of recommendation] 4 to 10 months [general person] of the Act on the Suspension of Execution - mitigated element