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(영문) 대구지방법원 2014.11.27 2014고단3919

교통사고처리특례법위반

Text

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

except that 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 of freight vehicles C1 ton.

On June 18, 2014, the Defendant driven the above vehicle at a speed of about 50km per hour according to the one-lane from the long-distance breadth of the new-dong, Daegu-gu, to the intersection of the long-distance high-speed of the new-speed ambling road at a speed of about 50 kilometers per hour, depending on the one-lane long-distance distance from the long-distance gate.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to reduce speed and drive safely in accordance with good faith by living well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded along the same from the long distance to the long distance of her starboard, in violation of the signal, and got the front part of the driver's seat of the victim D(69 years old) driven by the victim D(69 years old) driving on three-lanes from the right side of the Dong-gu Office to the right side of the motor vehicle of the Defendant. The Defendant, due to the shock, she was driven by the front side of the victim's vehicle again by the front side of the said vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the pelle executives who need approximately 16 weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to D or F;

1. Report on internal investigation (report on the results of a signal system);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as photographs related to accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommendation) of the suspended sentence [Article 62(1) of the Criminal Act] The area where mitigation of traffic accidents (one to six months) (including special mitigations] is mitigated (including serious efforts to recover from traffic accidents) (the decision of sentence].