(영문) 대구지방법원 2016.03.17 2016고단276



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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.


Punishment of the crime

The Defendant is a person who is engaged in driving of the Cunst Motor Vehicle B.

On December 5, 2015, the Defendant driven the above vehicle at around 06:55 on December 5, 2015, while driving the vehicle in the direction of the heart in the direction of the difference between the two lanes near the 529-1 low carbon distance in Daegu-dong-dong, Daegu-gu, and making the turn to the left in the direction of the low carbon.

At all times, there is an intersection where signal apparatus is installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive a motor vehicle in accordance with the signals by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and received the front part of the victim D(59) driving in the direction of the new direction from the direction of the safe direction by the negligence of failing to make a left-hand turn in violation of the signal, and received the front part of the above rocketing vehicle.

As a result, the Defendant suffered approximately 16 weeks of flaverization to the left-hand side in need of approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

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 Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) [Special mitigated Persons] The sentence shall be determined as per the Disposition, taking into account the following circumstances, such as the age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., of the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of the crime, etc.

Unfavorable circumstances: this case is the traffic accident caused by the defendant's violation of signal.