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(영문) 대전지방법원 2013.04.26 2013고단767
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 17:10 on January 8, 2013, driven a B dump truck and proceeded along two-lanes near Sejong Special Self-Governing City's fishing vibration intersection, where signal, etc. is installed, along the civil air defense area, along the two-lanes, the Defendant neglected his/her duty of care to safely drive in accordance with the new subparagraph and prevent the accident, and neglected his/her duty of care to prevent the accident in advance, and neglected the transition to the red signal in the yellow signal in the opposite direction, and led to the negligence of the victim C (50 years of age) who proceeded two lanes in accordance with the left turn signals, the front part of the Dpp motor vehicle was driven in the front part of the dump truck left part of the dump truck.

The Defendant, by these occupational negligence, sustained injury to the victim C, such as light salt bars, which requires treatment for about two weeks, and injury to the victim E (the 53 years old), who was accompanied by the victim E (the 53 years old) who was accompanied by the chief of the damaged vehicle for six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the CE;

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

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 criminal facts;

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

1. Selection of alternative imprisonment without prison labor (not less than four times before a fine of the same kind is imposed);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Traffic Offenses, General Traffic Accidents (Type 1), Injury by traffic accidents (special person) mitigated elements] mitigated element of mitigation of punishment (general person) - mitigated element of motor vehicle comprehensive insurance - occurrence of serious injury, violation of signal, criminal records of identical fines [decision on the recommended area] mitigated area, violation of traffic signals, violation of criminal records of the same kind of fine [decision on the recommended area] mitigated area, violation of imprisonment without prison labor for January to six months] - Major reasons for entry: no person who has been sentenced to suspended execution - General reason for entry of motor vehicle insurance - General reason for entry of motor vehicle insurance - No person who has been sentenced to suspended execution or more: Violation of signal [decision on the penalty] 4 months, suspension of execution one year;

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