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(영문) 전주지방법원 2013.12.04 2013고단2246
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was a person driving a ESF Laol car, and around 08:25 September 27, 2013, the Hamsan-ri distance located in the Hanju-gun, Manju-gun, Manju-gun, from the parallel parallel to the Gyeongcheon-ri.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by driving safely according to the new code.

Nevertheless, the Defendant neglected this and received the front wheels part of the victim C(79 years old) driving in accordance with the new code from the left side of the running direction by negligence in contravention of the signal, which was driven by the victim C(79 years old) with the right side.

The Defendant, by its occupational negligence, suffered injury to the above victim, such as brain salvin, which requires medical treatment for about 2 weeks, and injury to the victim E (V, 76 years of age) who is the above salvinal brate, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C and E written statements;

1. The actual survey report and on-site photographs;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the victim has agreed smoothly with him/her, and there is no lack of sentence sentenced

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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