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(영문) 대구지방법원 2015.09.17 2015고단2727
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a truck driver of C Truck.

At around 01:20 on April 16, 2015, the Defendant proceeded to turn to the left from the direction of the central elementary school in the direction of the border.

Since the crosssection of the vehicle operated by the defendant at the time is the place where the left turn is prohibited, the driver of the vehicle has a duty of care to comply with the signal or instruction indicated by the traffic safety facilities.

Nevertheless, the Defendant received the UGJET 124C c U.S., which was operated by the Victim F (18 years of age) who was working in the direction of the border border in the U.S. due to the negligence of left-hand turn in violation of the direction prohibiting the left-hand turn.

Ultimately, the Defendant suffered injury to the victim, such as pulverization of a flusium executives in need of treatment for about three months, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. A written statement of the G production;

1. A medical certificate;

1. Photographs;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] No basic area (4-10 months) of the first type of ordinary traffic accident (the injury caused by traffic accident) [decision of sentence] [Judgment of sentence] of this case, the defendant's liability for the crime of this case is not easy for the victim due to considerable injury, but the defendant's late and reflects mistake; the victim was directly engaged in the front color signal at the time of the accident; the driver's vehicle was admitted to the freight mutual aid association; the amount equivalent to medical expenses was covered; and the motive and motive of the crime in this case.

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