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(영문) 창원지방법원 2012.10.26 2012고단286
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

On October 23, 201, the Defendant driven C 125cc. as a driver of the Defendant’s office and proceeded to the direction of the internal driving distance of the knive apartment in front of the knive apartment distance in front of the knive apartment road located in the Dong-dong, Kimhae-si around October 18, 201. At that time, the Defendant sustained the injury of the victim D (11) of the victim who was flive by negligence in violation of the signal, even though he had a duty of care to prevent the accident by proceeding along the knive signal, and was in violation of the signal, and went to the right side of the knive knive executives requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Each legal statement of E, F and G;

1. Protocol of inspection by this Court;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to the practical survey report, signal modernization network, and medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The Defendant did not have violated signal signals, and the victim did not cross the road without permission, and the accident occurred while the victim cross the road.

2. The following facts may be acknowledged according to each evidence of the judgment.

In the instant traffic accident site, a knife apartment distance (hereinafter “instant intersection”), four traffic signals are installed.

(1) The signal apparatus (i.e., signal apparatus at a time and hereinafter the same method) installed on the front line of the direction in which the Oral Sea of this case is proceeding (the direction of proceeding from the Oral Sea of the Oral Sea of this case to the internal flow distance). (ii) The witness E and F are waiting for signal in order to turn to the left.

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