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(영문) 대구지방법원 김천지원 2016.10.13 2016고단661
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a B-Epurd vehicle.

On March 21, 2016, the Defendant driven the above car at around 12:20, and proceeded along the two lanes from the direction of the rooftop to the distance of the rooftop.

Since there is an intersection where a signal, etc. is installed, and the signal of the defendant's moving direction is changed to a stop signal, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle to reduce the speed and to check it well, and to drive the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and received the front portion of the Fmotor bicycle driven by the victim E (the aged 47) who continued to proceed at the same speed while the signal was changed to the stop signal of the vehicle, in front of the left side of the said vehicle.

Ultimately, the Defendant suffered injury by the victim, such as cutting mination of the right pelle, which requires approximately 16 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on a traffic accident, a survey report on the actual condition, an on-site photograph of a traffic accident, and an on-site photograph of a traffic accident;

1. Some closure photographs of an accident image and signal system photographs at the place of accident;

1. Application of Acts and subordinate statutes to a medical certificate (E) and a medical opinion;

1. Article 3 (1) and (2) (proviso) 1, the proviso to Article 4 (1) 1, Article 4 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the selection of imprisonment without prison labor, Article 268 of the Criminal Act

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 (1) of the Criminal Act to provide community service or attend lectures;

1. One month to five years from imprisonment without prison labor, the range of applicable sentences in law; and

2. Application of the sentencing criteria (determination of type) shall apply to traffic accidents in general: Where there is a substantial fault on the occurrence of traffic accidents or the expansion of damage caused by traffic accidents in the victim of the first type (the injury caused by traffic accidents):

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