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(영문) 전주지방법원 2016.07.19 2016고단647
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle with sod vehicle of C. A.

On January 20, 2016, the Defendant, around 09:00, proceeded ahead of the three-way intersection in the ancient west-ro, west-gun, west-gun, west-do, west-do, west-do, in the direction from the front side to the volcanic Myeon.

The location is a private-distance intersection with a red on-and-off light and a yellow on-and-off light, and a red on-off light has been operated on the front side of the defendant's running direction, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents by using the system and steering gear accurately after checking the traffic situation of the intersection by temporarily stopping the vehicle before entering the intersection and checking the traffic situation of the intersection.

Nevertheless, the Defendant neglected to do so and did not temporarily stop a red on-and-off signal and violated the signal by entering the intersection as it is, and by negligence, received the front part of the Defendant’s driving from the victim D(73 ) who entered the intersection of yellow on-and-off signals from the left side of the direction of the course of the course, as the front part of the car in front of the Defendant’s driving.

As a result, the Defendant caused an accident due to the above occupational negligence, and the Defendant suffered injury to the said victim D, such as the open frame in the lower part of the upper part of the breath in need of medical treatment for about 16 weeks, and to the victim F (V, 73 years old), who was on the breath of the above breath, suffered injury such as the upper part of the upper part of the upper part of the breath in need of medical treatment for about 14 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report, an accident scene report, and a traffic accident occurrence report;

1. Each internal investigation report (cases related to whether a suspect has temporarily suspended a vehicle, such as cases related to hearing the driver's statements, etc.);

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

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

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

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