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(영문) 광주지방법원 2013.04.02 2013고단197 (1)
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving a low-speed car B.

On December 27, 2012, the Defendant driven the above car at around 07:20, and led the entrance distance at the entrance of the agricultural and fishery products joint markets in the Seo-gu, Seo-gu, Gwangju, to go straight from the side of the Egsan Golf course to 70km each hour by using two lanes between the three-lanes.

Since there is an intersection where signal lights are installed, there was a duty of care to reduce speed and drive safely according to signals.

Nevertheless, due to the negligence that the vehicle progress signal is yellow signal while entering the intersection as it is, the victim C (58 years of age) who operated the above intersection to turn left at the joint market of agricultural and fishery products at the Pungam IIC on the right side of the D freight vehicle operated by the victim C (58 years of age) was in front of the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim C, such as brain-dead, etc. which requires approximately 2 weeks of medical treatment, and to E (Inn, 55 years of age) who is the fluore, for about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E;

1. Photographs of the vehicle involved in an accident and a report on the actual condition of a traffic accident (1, 2 reports);

1. Application of Acts and subordinate statutes to medical certificates;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) (the decision of a sentence) is a traffic crime group. 01 ordinary traffic accidents.

1. Injury of traffic accident (special-presidential person) - No punishment for special mitigation (including efforts to recover damage) [the decision on the recommended area] mitigation area [the scope of recommendation area] - 6 months [the decision on sentence] defendant is a violation of signal.

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