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(영문) 의정부지방법원 2014.03.25 2014고단176
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 4, 2014, at around 07:10 on January 4, 2014, the Defendant was engaged in driving of BSP car, and the Defendant continued to turn to the left on the left at the right side of the Mal-ri side of the 1810-ro Gyeongyang-si, Chungcheongnam-do.

At the time, there was an intersection where signal lights are installed at night and at the front of that place, so in such a case, there was a duty of care to see the front side as a person engaged in driving business and drive safely according to the traffic signal.

Nevertheless, the Defendant neglected the above duty of care and proceeded to the left-hand turn at the stop signals, and had a victim C (the age of 65) who dried the crosswalk according to the pedestrian signal due to the negligence in the course of duty, was shocked with the front-hander of the car of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as cerebrovascular surgery, which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, traffic signal management ledger;

1. Application of medical certificates, on-site photographs, CCTV images, and photographs immediately after accidents;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [decision of a suspended sentence] - Type 1 of general traffic accident (the injury of a traffic accident): Reduction element: [Determination of the recommended area] Reduction Area] / [Limits of the recommendation area] / From January to June [Limits of the mitigated area] Reduction element: Subscription to comprehensive motor vehicle insurance, serious reflectness - Aggravation element: Occurrence of serious injury which is not serious injury, determination of a suspended sentence / [decision of a sentenced sentence] under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents / [Determination of a Sentence] 4 months of imprisonment without prison labor, and one year prior to the suspended sentence, and it is disadvantageous to the extent of the injury inflicted on the victim.

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