logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.01.15 2014고단5016
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 a CM5 car.

On August 8, 2014, the Defendant driven the above car at a 0:00, and proceeded to turn to the left the right at about 30 km in the direction of the yellow-ro public apartment in the direction of yellow-ro 30km from the yellow-distance Protection Zone.

At this point, since the signal apparatus was an intersection installed, the driver of the motor vehicle had the duty of care to prevent the traffic accident by driving the driver on the front side and driving the motor vehicle according to the traffic signal.

Nevertheless, the Defendant neglected this and received the front right part of the victim D(60 years of age, south) driving E in the direction of yellow water distance from the front side of the yellow-gu zone in accordance with the yellow-gu straight signal by negligence of failing to make a left-hand turn in violation of the stop signal.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as flaps and tensions that require approximately two weeks of medical treatment, and the injury to the victim F (59 years of age, female) that requires approximately four weeks of medical treatment, such as tear, etc. of the left side knee and flab flab on the part of the victim F (59 years of age, female).

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. A traffic accident report and each traffic accident report (1, 2);

1. Application of Acts and subordinate statutes to a report on investigation (for a victim's telephone statement);

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;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Code for community service and lecture attendance order are divided and reflected by the defendant, driving vehicles are covered by liability insurance, and the age, character and conduct, health conditions, circumstances of accidents and the degree of injury of the victim.

arrow