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(영문) 대전지방법원 천안지원 2014.09.18 2014고단627
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 is engaged in driving a ecoo vehicle in C.

On March 8, 2014, the Defendant operated the said car on March 22, 2014, and proceeded five lanes in front of the business bank in Seoan-gu, Seoan-dong, Seoan-si, Seoan-si, Seoan-si, Seoan-si, in the Yanananananan-si, with one-laned galgalian department store room, and turned to the left at the scar's age.

At the time, traffic control is performed by signal lights, so in such cases, there was a duty of care to safely drive a person driving a motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the vehicle driving by the Defendant on the right side of the vehicle driving in the Egallon of the victim D(the age of 47) driving in the opposite direction due to the negligence of the left-hand turn of the vehicle stop.

The Defendant, by these occupational negligence, suffered from the victim F (the 45 years old), who was the passenger of the vehicle driving the victim, about a about 10-day period of medical treatment, the core heat of the breath in the breathy that requires approximately two weeks of medical treatment, and the victim F (the 45 years old), respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and D;

1. Examination protocol of police suspect regarding D;

1. A statement of the occurrence of H’s traffic accident;

1. The actual condition survey report, traffic accident occurrence report, drug maps at the scene of the accident, photographs related to each accident, signal cycle chart, signal image (on-stop, stop camera image) and CDs;

1. Application of each statute of diagnosis of F and D;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

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 Criminal Act;

1. The defendant's assertion of Article 62-2 of the Criminal Act and the defendant's decision on this issue did not violate the signal.

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