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(영문) 대구지방법원 2012.08.30 2012고단560
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a freight vehicle with C5 tons.

On April 19, 2011, the Defendant driven the above cargo vehicle on April 15, 2015:35, and became a new road and a new road in front of the 1431 Sinsan-si Nowon-gu, Ansan-si.

In this case, the above location is a three-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to take the front side according to the new code and to prevent the accident due to negligence in the course of business, which is directly engaged in the stop signal while neglecting the duty of care to prevent the accident, and in violation of the signal, caused the victim's damage, such as the string of the front part of the front part of the right side of the motor vehicle requiring treatment for about nine weeks by shocking the part on the left side of the victim's D(31) driving at the front part of the Madin Elementary School, and thereby causing injury to the victim, such as the cutting of the upper part of the front part of the part requiring treatment for about nine weeks.

Summary of Evidence

1. Legal statement of the witness D;

1. An interrogation protocol of the accused and D by the prosecution;

1. The actual survey report on traffic accidents;

1. Related photographs;

1. Written estimate;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of traffic volume at the scene of an accident, attachment of signal systems, confirmation of reported telephone hours at suspect 112, receipt and processing marks for 112, confirmation of signal system at the time of an accident, signal system verification, signal system drawings and signal operating records);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The Defendant asserted that he had been operating a vehicle normally in accordance with the direct margin signals at the time, and the victim violated the signal.

2. The following circumstances, i.e., each of the above judgments and the evidence duly adopted and completed the investigation, which are acknowledged by the evidence, at the time of the accident:

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