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(영문) 대구지방법원 서부지원 2018.03.20 2017고단1811

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C in others.

On February 28, 2017, the Defendant came to run a three-distance intersection in front of the bank in 866, from three thousand three-distance outflow to the opposite side of the office, according to the Daegu-gun Simgu punishment around 12:20 around 28, 2017.

그 곳은 신호등이 설치된 “┮” 자 형태의 삼거리 교차로이므로, 이러한 경우 자동차의 운전업무에 종사하는 사람에게는 전방 및 좌우를 잘 살피고 교통안전시설이 표시하는 신호 또는 지시에 따라 안전하게 운전하여 교통사고를 미연에 방지하여야 할 업무상의 주의의무가 있었다.

Nevertheless, the Defendant neglected this and proceeded with a straight-off signal as it is, while the electric-line signal was changed to a yellow-off signal, and the Defendant shocked the victim D(58) driving the above three-distance intersection by violating the signal from the large-distance marb to the three-distance shot distance.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence during the 12-day period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A traffic accident investigation report and an accident scene photograph;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes (D);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. It is so ordered as per Disposition in view of the following: (a) the Defendant’s reasons for sentencing under Article 62(1) of the Criminal Act, based on the fact that he/she recognized and reflecteds his/her mistake; (b) the Defendant’s negligence is neither a party nor a room; and (c) the Defendant is a person of distinguished service to the State in the Korean War as