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(영문) 대구지방법원 김천지원 2016.05.19 2016고단204
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 drives B cargo vehicles.

On December 12, 2015, the Defendant driven the above cargo vehicle around 18:45, and came to turn to the left at the seat of the Kimcheon Labor Welfare Center at the intersection at the entrance of the D company located in Kimcheon-si, Kimcheon-si.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to safely drive the driver according to the signals by reducing the speed and by properly examining the right and the right of the driver.

However, the Defendant neglected to turn to the left without complying with the left turn signal and received the part of the driver's seat of the Fpoter cargo vehicle operated by the injured party E (63 Do) under normal signals in the direction of residence at the Mad Kim-cheon-do, the left turn to the left, and then received the front part of the Defendant's cargo vehicle.

Defendant 1 suffered from incomplete spine damage in need of approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a fire-proof report (a CCTV screen in violation of signal at the scene of an accident);

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. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Act on the Suspension of Execution (the accident caused by the violation of signal at the intersection is serious, but the degree of injury inflicted on the victim is serious, the victim has agreed smoothly with the victim, and the mistake is recognized, and there is no previous conviction

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