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(영문) 광주지방법원 목포지원 2018.01.05 2017고단1242

교통사고처리특례법위반(치상)

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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 the operation of BM truck driving vehicles.

On April 16, 2017, the Defendant driven a towed bus transport vehicle around 04:53, and led to the two-lanes of the water supply building distance in Scheon-si, Samcheon-do, Samcheon-do, to the private distance of the bus terminal from the intersection.

At the time, a pipe was a new wall, and a signal installed in that place was a red and flickering signal, so in such a case, a person engaged in driving a motor vehicle had a duty of care to safely enter the intersection after temporarily stopping the stop line and checking whether there are other vehicles entering the intersection.

Nevertheless, the Defendant neglected this and proceeded without temporarily stop without disregarding red on-and-off signal and failed to stop, and by negligence, went from the same intersection, the front part of the victim C(61 S) driving, which was proceeding to the Han River apartment on the side of the same apartment zone, was received as the front part of the cargo transport vehicle of the Defendant, with the rear wheel fuel tank for the cargo transport vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as the upper pelle of the right pelle, which requires approximately 14 weeks of medical treatment due to the above occupational negligence, and suffered injury to the victim E (M, 57 years of age) who was on the same part of the victim E (M, 57 years of age), such as the right pelle of the upper pelle of the left pelle, which requires approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of the Acts and subordinate statutes to CDs for traffic accident actual condition survey reports, traffic signal cycle signs, field photographs, medical certificates, black boxes, and CCTV images reproduction;

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 a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act 1.