(영문) 대구지방법원 2015.11.05 2015고단3758

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(영문) 대구지방법원 2015.11.05 2015고단3758

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for ten 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 of B-si vehicles under his/her own possession.

On June 5, 2015, the Defendant driven the above taxi at around 08:00, and led the Defendant to drive the said taxi in the direction of the original site down to the direction of the offwing distance, depending on three lanes in front of the D cafeteria located in Daegu Northern-gu C.

Since there is an intersection in which signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to reduce the speed, to live well before and after the road, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and negligently proceeded in violation of the vehicle signal while driving in the opposite direction, and went to the left side of the victim E (the 65-year-old driver) driving on the front side of the said taxi vehicle and continued to go to the left side of the said taxi vehicle, and received the body of the victim G (the 52-year-old driver), H (n, the 46-year-old driver), and the victim I (the 56-year-old bicycle) driving on the right side of the moving direction.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E such as the left-hand satis, etc. requiring a medical treatment for about two weeks, the victim J (the 25-year-old passenger), the passenger of the said taxi, such as the left-hand satis, etc. requiring a medical treatment for about two weeks, and the victim G, requiring a medical treatment for about ten weeks at approximately seven weeks, and the victim H (the 46-year-old passenger), respectively, suffering from the injury, such as the satise, etc. of the satise bones, which requires a medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 1 of the same 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)1 of the Criminal Act:

참조조문

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