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(영문) 창원지방법원 진주지원 2013.05.29 2013고단405
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 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 of a C Poter cargo vehicle.

On November 2, 2012, the Defendant driven the above cargo vehicle at around 15:00, and entered the left-hand turn from the west-gu bank of the west-gun to the lower-dong Eup/Myeon.

Since there is an intersection where a signal is installed, the defendant engaged in driving service has a duty of care to prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and neglected to enter the intersection in contravention of the signal, and was driven by the victim D (the age of 84) (the age of 5) who was under normal course with the high-speed signal from the front side of the west-dong Eup to the high-speed signal from the front side of the Defendant’s vehicle.

결국 피고인은 위와 같은 업무상 과실로 피해자 D에게 약 7주간의 치료가 필요한 요골하단의 우측 골절 등의 상해를, 위 오토바이 뒤에 타고 있던 피해자 F(여, 81세)에게 약 12주간의 치료가 필요한 무릎뼈의 골절 등의 상해를 각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A traffic accident report;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the relevant 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;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the defendant is highly negligent, the victims

1. Social service order under Article 62-2 of the Criminal Act;

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