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(영문) 대구지방법원 포항지원 2015.01.16 2014고단1284
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a gallon car.

On October 22, 2014, the Defendant driven the above car at around 16:40 on October 22, 2014, and led to the flow of the island distance from the side of the island to the side of the South-west market.

Since it is an intersection with a signal apparatus, there was a duty of care to safely proceed according to the traffic signal.

Nevertheless, the Defendant neglected this and proceeded with red signal in violation of the signal, and received the front part of the victim C(43 years old) driver's license, which was proceeding from the gallon side of the sports complex around that time, in front of the right side of the gallon.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the left-hand pelle officer who requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. A criminal investigation report (CCTV video verification);

1. Application of the traffic accident occurrence report, the actual survey report, and on-site photographs-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the first category of general traffic accident [the mitigated person] [including one month to six months] of the mitigation area (including efforts to recover from traffic accidents] [the decision of sentence] of the victim's injury but the victim expressed his/her intention that he/she does not want the punishment of the defendant at an investigative agency; the vehicle of the defendant is covered by the comprehensive automobile insurance; the defendant's vehicle will be compensated for the victim's damage; there is no previous difference between the defendant and the defendant; and there is no history of punishment exceeding the fine.

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