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(영문) 광주지방법원 2017.09.14 2017고단3326

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 the driving of a truck truck and freight truck with 14 tons of treatment B.

On June 30, 2017, the Defendant driven the above cargo vehicle around 00:15, and led the three-lane 3 lanes in front of the Gwangju Mine Area C to proceed at about 40 km in speed, depending on the two-lanes from the flood of the water area to the air text.

At the time, it was difficult at night, and at that time, it was a private-distance intersection where signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to check whether a person engaged in driving the motor vehicle has a motor vehicle passing through the intersection by checking well the right and the right, while safely driving the motor vehicle in accordance with the signals of signal apparatus and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and received the victim E (59 ) who left from the right side of the direction of the Defendant’s driving when the signal, etc. was driven by negligence while the signal, etc. was red, to the left side of the direction of the Defendant’s driving, and received the part of the Defendant’s cargo loaded adjacent to the head of the freight vehicle in which the Defendant is driving.

Ultimately, the Defendant suffered injury, such as a closed duplicating dys of four or more parts in need of approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A traffic accident occurrence report;

1. On-site map and on-site photograph;

1. A survey report on actual conditions;

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

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. In light of the fact that the Defendant’s reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence violates the signal and the instant accident occurred, and the degree of injury to the victim is not easy.

However, the defendant reflects the crime, and driving of the defendant.