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(영문) 대전지방법원 2016.04.26 2016고단379

교통사고처리특례법위반

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 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 a car B in the amount of a car.

On January 31, 2016, around 07:50, the Defendant promoted a two-lane road in the old Sin-gu Seoul Special Metropolitan City Sin-ri Sin-si, Seoul Special Metropolitan City Sin-si, Seoul Special Metropolitan City Sin-si, with a one-lane Sin-si, Daejeon Special Self-Governing Province, from the Yanananan-si to Daejeon Special Metropolitan City.

Since the location is an intersection where a vehicle signal apparatus is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and led to the fault of entering the intersection in contravention of the signal, which led from the course direction to the left-hand side of the victim C (79 tax) driving by the new line from the right-hand side, to the front-hand part of the said car.

Ultimately, the Defendant suffered damages to the victim, including four or more cages, which require approximately six weeks of medical treatment, due to the above occupational negligence, including four or more cages.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are that the defendant agreed with the victim, the vehicle of this case is covered by the automobile comprehensive insurance, there is no record of crime against the defendant, and other various sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be comprehensively considered in determining the punishment as ordered.