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(영문) 광주지방법원 2014.06.03 2014고단719

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant is a person who is engaged in Hyundai 5 tons truck driving, and around 15:52 on December 26, 2013, the Defendant was driving on the side of the luxal road, which is in the luxal of the lux, in the direction of the luxal distance, toward the direction of the luxal and the luxal.

At that time, the signal was installed, and the defendant's direction signal was the stop signal, so in such a case, the driver of the motor vehicle has a duty of care to safely stop the motor vehicle according to the new code.

Nevertheless, by neglecting this, the Defendant’s negligent negligence in proceeding in violation of the signal, and led the victim C (the aged 80) who was driven by normal signal from the left side of the running direction of the Defendant to the right side of the Defendant, and the front part of the DNA 100 Obba, which was driven by the victim C (the aged 80),

As a result, the Defendant suffered injury, such as the victim's 10 weeks of medical treatment due to the above occupational negligence, such as the "alley of the executives on both sides of the front part of the front part."

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. C's statement on the occurrence of a traffic accident;

1. Each traffic accident report;

1. A reply of the doctor's statement in charge and a copy of each diagnosis;

1. Application of Acts and subordinate statutes on the site map of a traffic accident and photographs at an accident site;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant violated the stop signal at an intersection where signal, etc. is installed and proceeded as it is, and the Defendant’s reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order and caused serious injury that requires the victim’s medical treatment for 10 weeks by shocking the error of the victim’s operation during normal signal (special sponsor, etc.), it is inevitable to punish the Defendant corresponding thereto.