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(영문) 전주지방법원 2015.04.14 2014고단2290

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 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 driving a wing and cargo vehicle B.

On November 11, 2014, the Defendant driven the above cargo vehicle at around 21:55, and driven the two-lane road in front of D in Kim Jong-si, Kim Jong-si, along two-lanes from the art center to the central hospital.

At the same time, there was an intersection where signal lights are installed, so the driver engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, the Defendant neglected this and got off the left side of the victim E(the 42-year-old driver) driving, which was followed by the proceed signal from the side of the side to the e.g., by the negligence of entering the intersection as it was in contravention of the stop signal, and thereby, received the front side of the cargo vehicle of the Defendant.

결국 피고인은 위와 같은 업무상의 과실로 피해자 E에게 약 4주간의 치료가 필요한 기타 광대뼈 및 상악골의 골절 등 상해를, 피고인의 화물차에 동승한 피해자 G(27세)에게 약 6주간의 치료가 필요한 상세불명의 요골 하단의 골절 등 상해를, 피해자 H(40세)에게 약 8주간의 치료가 필요한 엉덩뼈의 골절 등의 상해를, 피해자 I(46세)에게 약 4주간의 치료가 필요한 상세불명의 광대뼈 및 상악골의 골절 등 상해를 각각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentencing of Article 62-2 of the Criminal Act to order probation and lecture attendance.