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(영문) 전주지방법원 남원지원 2013.04.23 2013고단55

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing vehicle B.

On February 10, 2013, the Defendant driven the above vehicle on February 19:22, 2013, and continued the front of the new road in the Southern-si, Nannam-si with a broad air-proof area from the old rock.

Since the location is an intersection where a signal, etc. is installed, the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed and to safely drive the motor vehicle according to the traffic signal in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left from the direction of a tourist complex under the new subparagraph on the opposite side of the proceeding direction due to the negligence of violating the signal, followed by the chief of the victim C(65 years of age) driving the penta car, and shocked the front penta part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, sustained the injury of the victim E (the 62 years old), and F (the 47 years old) who took advantage of the said victim’s car, and the victim G (the 55 years old) who is in need of approximately 2 weeks of medical treatment, due to the injury of the “defluences and tensions” that require approximately 8 weeks of medical treatment. The Defendant sustained the injury of the victim G (the 55 years old) who is in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C, E, F, and G Preparation;

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

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Act on the Suspension of Execution is an initial criminal who has no record of crime, and the time when the crime of this case is committed, and reflects it. Although it did not reach the agreement with the victims, the vehicles operated by the defendant are covered by the comprehensive insurance and thus compensation for damages should be made.