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(영문) 전주지방법원 2016.05.17 2016고단85

교통사고처리특례법위반

Text

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

However, the execution of the above punishment 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 B Poter cargo vehicles.

On December 17, 2015, at around 18:50, the Defendant, at around 17, 2015, proceeded with a two-lane of the two-lane in front of the apartment located in the 70-distance Masan-ro, Kim Jong-si, Kim Jong-si, in a speed of about 70km from the north north to the north north of the same.

Since the location has a crosswalk where signal, etc. is installed, in such cases, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and got the front side of the vehicle driving by the Defendant under the pedestrian green signals of the crosswalk C (51) which was crossing the road due to the negligence of the Defendant’s failure to stop the vehicle driving signal, and continued to proceed beyond the median line, and received the front side of the vehicle driving by the Defendant in front of the left side of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered from the victim C’s occupational negligence such as a thrings of the left-hand body body body, which requires approximately 10 weeks of treatment, and suffered from the victim D’s shoulder shoulder and the strings of the above arms, which require approximately 2 weeks of treatment. The Defendant suffered injury, such as a thrings, which requires approximately 6 weeks of treatment to the victim F, who is a partner of the said Bosch Rexroth car, for approximately 43 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement with respect to C and F;

1. A traffic accident report (1) (2) (2) and evidence and photographs of the scene of the traffic accident;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1, 2 and 6 of the same Act concerning criminal facts, Article 268 of the Criminal Act;

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

1. Selection of penalty;