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(영문) 대구지방법원 김천지원 2015.12.03 2015고단1261
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 of Bchip motor vehicles.

At around 06:30 on May 2, 2015, the Defendant straighted from the side to the side of a company bank about 90 to 95 km a three-lane radius in the gold-si, Sinsi-si, Sinsi-si.

At the same time, the intersection where the traffic control is not carried out, and the speed of the restriction is 60km per hour, and the victim C (n, 30 years old) entered the intersection first, so in such a case, there was a duty of care to safely drive the motor vehicle by driving or temporarily stopping the motor vehicle to the person engaged in the driving of the motor vehicle, and by observing the speed limit.

Nevertheless, the Defendant neglected this and proceeded with the restricted speed exceeding 30 km per hour as above, and was negligent in driving the victim's upper part of the victim's upper part of the driver's upper part of the upper right-hand motor vehicle driving from the two parallels to the two parallels.

Ultimately, the Defendant suffered a serious injury, such as a closed sacriffing, accompanied by the symptoms of a part-of-mafabb, by the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, on-site photographs, a survey report on actual condition, a comprehensive traffic accident analysis report, a black image;

1. Application of Acts and subordinate statutes to a medical certificate, each medical examination and treatment statement, an investigation report (related to a serious injury), and an investigation report (related to the confirmation of the present state of the victim);

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of imprisonment without

1. At the time, yellow signal was on-and-off at the intersection of two roads where the width of the reason for sentencing in Article 62(1) of the Criminal Act was the same, and the victim was at the same time entering the two roads, on the ground that the attendance at the workplace was urgent, while keeping the speed limit.

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