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(영문) 대구지방법원 김천지원 2018.05.02 2017고단1799

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a C tank cargo vehicle.

On September 1, 2017, the Defendant driven the above cargo vehicles around 10:15, and led to the intersection of the Masan-ri Sin-ri Sin-ri, U.S., U.S. from the 119 Safety Center at the distance of the 119 safety center at the same ri-ri, U.S., U.S.-ri.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to traffic signals and prevent the accident in advance.

However, the Defendant neglected this and did not temporarily stop on a red flickering, etc., and entered the intersection as it is, by the negligence of the Defendant’s entrance from the intersection as is, received even the victim D (e.g., the age of 56) who was straight from the right side of the course to the left side by the yellow flickering light signal.

Ultimately, the Defendant suffered injury, such as a cage cage fage fage fage fages at the left-hand side, which requires approximately five weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports (1), (2) and on-site photographs of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a investigative report (the form of a road at the location of an accident and site conditions);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act to provide community service or attend lecture [decision-type] No person who does not have any person subject to a special sentencing] of the type 1 of the general traffic accident [decision-type ] [Determination-type of recommendation] basic area / [Scope of recommendation] April / 1 year from 4 months to 1 year [General Sentencing / 1 year [A person subject to aggravated punishment] Reduction element of motor vehicle comprehensive insurance: The same criminal record that is not subject to repeated offense [whether suspended sentence is positive] general consideration (affirmative). Social relation clear, there is no criminal record for suspended sentence or more,