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(영문) 수원지방법원 여주지원 2015.09.09 2015고단615
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On May 29, 2015, around 20:59, the Defendant entered the intersection when making a left turn to the left at the speed from the ethic village of the miscarriageri City to the ethic speed in Ethic City.

At the time, the driving direction of the Defendant was red signal, and the Defendant’s vehicle FF Raddon’s driving on the right side was entering the said intersection by green signal, so in such a case, a person engaged in driving service was once stopped by red signal, and then entered the intersection by driving green signal, and thereby preventing the accident, despite the fact that there was a duty of care to prevent the accident by entering the intersection, the Defendant neglected to do so and received the front part of the said vehicle’s front part adjacent to the right side of the said cargo vehicle by negligence entering the intersection, even though it was red signal.

As a result, the Defendant suffered injury by the said victim due to the above occupational negligence, such as the construction of sleep sleep slives to the left-hand slives, which requires approximately nine weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. As a matter of causing a traffic accident by negligence in violation of the reasons for sentencing under Article 62(1) of the Criminal Act, the degree of damage should be applied to severe punishment on the ground that the degree of damage is not less severe.

However, the punishment was determined in consideration of the fact that the defendant led to the crime and reflects, the agreement with the victim, etc.

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