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(영문) 대전지방법원 2015.05.29 2015고단306
교통사고처리특례법위반
Text

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

except that 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 Cump trucks.

On December 2, 2014, at around 08:15, the Defendant driven the above truck, and turned to the left at a speed of about 20km per hour, depending on one lane from the side of the Sejong Government Office to the side of the Korea National Assembly site of the Sejong Government Office.

At the time, the signal, etc. is an intersection where the signal, etc. is installed, and since the vehicle signal, etc. is a on-and-off signal of the red light, a person engaged in driving has a duty of care to temporarily stop immediately before the intersection in accordance with the new code and to proceed with other traffic.

Nevertheless, the Defendant neglected this and received the front part of the dump truck in front of the left side of the dump truck by the victim D (W, 28 years old) driving, which was proceeding in violation of the signal, without temporarily suspending the vehicle immediately before the intersection by negligence in violation of the signal.

The Defendant by such occupational negligence caused the victim D to suffer approximately 14 weeks of internal wave, etc., which requires treatment, and the victim F (F.M. 21 years of age) who was on board the said A-Wd-Wd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Vehicle, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1)

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

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 and Article 268 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of alternative imprisonment without prison labor;

4. The reason for sentencing under Article 62(1) of the Criminal Act is that the victims of the reason for sentencing under Article 62(1) of the Criminal Act suffered serious injury, such as real name, frame, and scarp trucks, and that the Defendant was under the circumstance of left-hand turn, and thus, was more negligent than that of the damaged vehicle, and that d

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