beta
(영문) 대구지방법원 포항지원 2016.01.13 2015고단1068

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 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 drives B Launa taxi.

On August 13, 2015, the Defendant driven the above vehicle around 19:22, and proceeded from the surface of the new distance distance, which was located in the west-dong of the north-gu of the port at the port, to the surface of the creative distance, about 60km in speed.

Since there is an intersection where signal, etc. is installed, a person engaged in driving service has a duty of care to see the bank well, and the defendant neglected to do so and failed to stop the red signal, and the defendant conflicts with the victim C (35 cc) who was driven by the victim C (35 cc) under the straight line from the right side of the road to the left side of the road in the direction of the defendant's right side by the negligence of entering the intersection without stopping the red signal.

As a result, the Defendant suffered injury to the victim, such as the left-hand Haak electronic Haak, which requires approximately 14 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Application of field photographs, black cd, black stuff photographs and laws and regulations

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59(1) main sentence and Article 59(2) of the Act on the Protection, Observation, etc. of Traffic Accidents [the scope of recommended punishment] No person (the person subject to special sentencing for April to October) in the basic area (the person subject to special sentencing for April] [the sentence] [the crime of this case is committed by the defendant by negligence in violation of the signal and resulting in serious injury that requires 14 weeks to be treated by the victim, and the crime of this case is committed against the victim, and the crime of this case is bad, and the victim did not agree with the victim.

However, the defendant is about 4 million won for the victim.