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대구지방법원 2017.04.27 2016고단6635
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of 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 of Bchip taxi.

On October 31, 2016, the Defendant operated the above car at around 11:30 on October 31, 2016, and proceeded to turn to the left at the left from the 67th national highways to the south of west.

Since there is an intersection in which a red on-and-off signal operates, in such a case, the driver has a duty of care to safely drive the vehicle and prevent the accident in accordance with the traffic signal and instruction to ensure that the driver has a duty of care to reduce the speed and to ensure that the driver has a vehicle driving through the intersection by properly examining the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to temporarily stop the left-hand turn without temporarily suspending the red on-and-off signals, and by negligence proceed to the left-hand turn at the right-hand turn from the south side of the west, received the front part of the victim C( South, 80 years old) driving with the front part of the DoCA110 U.S. driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the head of the right gale, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] mitigated area (including efforts to recover damage), and the result of injury suffered by the victim of the instant accident is considerably significant. However, although the result of the instant accident is considerably significant, it is agreed with the victim separately, except for the vehicle of the Defendant driving to which the mutual aid association is affiliated, and the Defendant does not have any criminal record and commits a crime late.