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(영문) 대전지방법원 2013.04.15 2013고단487
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

On November 21, 2012, the Defendant driven the 05:47-B 3 cargo vehicles, and led to the turn to the left at a speed of about 5 K km speed from the west-gu of Daejeon to the west-gu, Daejeon.

Since the location was an intersection where signal, etc. is installed and operated, the driver of the vehicle has a duty of care to drive in accordance with the signals.

Nevertheless, the Defendant violated the signal, and accordingly, the part of the victim C(52 years old, the remaining part of the driver's license) in front of the left-hand side of the car driving of the victim C(the 52 years old, the remaining part of the driver's license) who was proceeding to the direction of the mountain and the 4 years old, was shocked on the left-hand side of the vehicle.

The Defendant suffered from the injury of the victim C(52 years of age, South) who driven the said D vehicle due to the above occupational negligence, and the victim E (57 years of age, South) and the victim F (40 years of age, South) who boarded the said vehicle, due to each of approximately two weeks of medical treatment. The Defendant suffered from the injury of the victim G (5 years of age, South) who boarded the said vehicle at least five weeks of medical treatment. The Defendant suffered from the injury of the victim G (5 years of age, South) who was on board the said vehicle at the right 2, 8 years of age, 2, 8 years of age, 198, such as a

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on traffic accident (report on actual condition of traffic accident 1, 2);

1. Photographs related to accidents;

1. Each written diagnosis of C, E, and F;

1. Each medical certificate (H hospital/I hospital) and opinion regarding G;

1. Application of the Acts and subordinate statutes to send signal cycle plates;

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

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

1. Selection of a sentence of imprisonment without prison labor (in consideration of the fact that the defendant violated traffic signal, thereby injuring four victims, and in particular, causing serious injury to the victim G under his/her real name);

1. The fact that Article 62(1) of the Criminal Code provides that a sea-going vehicle is covered by a comprehensive automobile insurance, and the defendant's mistake.

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