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(영문) 대구지방법원 경주지원 2018.03.29 2017고단839

교통사고처리특례법위반(치상)

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle with C spoves.

On June 12, 2017, the Defendant driven the above cargo vehicle around 18:35, while driving on the racing-ro, 2440-21, the head of the Si/Gun/Gu, at the speed of about 70 km from the Yongcheon to the direction of the 3-lane in front of the 2440-21 Simsan.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to reduce the speed prior to entering the intersection and to prevent the accident by safely driving the motor vehicle in accordance with the signals while keeping the traffic situation at the right and right and right and right.

Nevertheless, the defendant neglected to do so and, even though the road driving signal on the intersection before entering the intersection was changed to the red stop signal, the defendant was negligent in entering the right side of the victim D(68 ) who was proceeding under the green proceeding signals from the right side of the defendant's course to the left side, and received the left side side of the defendant's driving as the front side of the cargo vehicle.

As a result, the Defendant suffered injury, such as a flaverization of the aggregate of the expenses required for treatment for at least six months by occupational negligence, such as a flaverization and pressure trag.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. A survey report on actual conditions;

1. On-site photographs;

1. Investigation report (damage situations and deposits into property damage) - Medical certificate, automobile insurance subscription certificate;

1. Application of Acts and subordinate statutes to a report on investigation (related to injury among victims);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62(1) of the Criminal Act provides that the defendant's reasons for sentencing under Article 62(1) of the suspended sentence has committed the crime of this case by negligence while driving in violation of the signal, and the victim suffers.