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(영문) 전주지방법원 2016.12.06 2016고단1433
교통사고처리특례법위반(치상)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of a cargo vehicle C1.2 tons.

On July 29, 2016, the Defendant driven the above vehicle at around 21:10, and led to the left turn to the right of the front side of the Yongsan-gu Office in the front of the Yongsan-gu Office in Yongsan-gun, Yongsan-do.

Since there is a three-distance intersection where signal apparatus is installed, a person engaged in driving service has a duty of care to proceed in accordance with the direction of signal apparatus by checking signals and to drive the vehicle at a safe speed and in a safe way by towing the movement of the vehicle.

Nevertheless, due to the negligence of violating the signal, the front part of the E-Wed-Wed-Wed-on vehicle driven by the victim D (Nam, 24 years old) driving on the right side of the defendant's moving direction was received as the front part of the defendant's moving left side.

Ultimately, the Defendant caused the victim D’s shoulder that requires approximately two weeks’ medical treatment, and the strings of the above arms, etc. by occupational negligence, and the victim F (F, F, F, and 38 years of age) who is the passenger of the victimized vehicle, to suffer approximately seven weeks’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Where an ordinary competition relationship is established between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the judgment, the sentencing guidelines established by the Sentencing Committee cannot be applied. The circumstances unfavorable to the accused are the illegality of traffic accidents (violation of traffic signal at an intersection) and the victim's result.

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