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(영문) 창원지방법원 통영지원 2013.12.30 2013고단857
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C5 tons truck or stable cargo vehicle.

On September 20, 2013, the Defendant driven the above vehicle at a speed of about 50-60km in Si/Gu, depending on the two-lanes in front of the Pyeongtaek-gun, Gosung-gun, Sung-gun, Gosung-gun, which is located in the ancient village of Gosung-gun.

There are three-distance crossings where signal lights are installed in the front bank, so in such a case, it was confirmed whether a person engaged in driving service has a motor vehicle traveling along the intersection by reducing the speed and taking a good look at the forward bank, and there was a duty of care to drive safely according to the traffic signal.

Nevertheless, the part of the driver's seat of the cargo ballon, which was driven by the victim D (Nam, 56 years old) who was driven from the right side of the defendant's proceeding to the left by the left in accordance with the new code, due to the negligence in violation of the signal, even though the electric signal was red signal, was driven by the defendant as the front part of the vehicle where the defendant is driving.

Ultimately, the Defendant suffered injury to the victim, such as crossing the 2,3, and 4 Crossing the left-hand side in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, a traffic accident report, and a site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, vehicle driven by a defendant is covered by the comprehensive motor vehicle insurance, deposit amounting to eight million won for the victim, and primary crime);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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