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(영문) 대전지방법원 공주지원 2016.01.15 2015고단339
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 CPoter 1 ton cargo vehicles.

On June 21, 2015, the Defendant driven the above cargo vehicle as the business of 16:30 on June 21, 2015, and led to the flow of a wooden tent intersection in 11-2, 2,000, from the IC direction, to the direction of a wooden 2,000-Gu village.

It is an intersection where signal, etc. is installed and the passage of vehicles is frequent, so in such a case, there was a duty of care to safely drive the vehicle by observing the signal to the person engaged in driving service and checking whether there are other vehicles passing through the said intersection.

Nevertheless, due to the negligence of entering and proceeding at the above intersection even though the defendant was a stop signal, the defendant would make the above intersection go over to the road floor by shocking the front part of the victim D(37 cm) driving on the two-lane in the direction of the west in the direction of the west through the two-lane direction from the direction of the west, and caused the victim D(37 cm) driving on the two-lane in the direction of the west. Accordingly, the defendant caused the victim F(47 cm) driving on the left side of the above cargo to shock the front part of the above west, and thereby caused the victim F(47 cm) driving on the above west.

After all, the Defendant caused the victim D to suffer injury, such as the thring of the right pelle, the damage to the right pelle, etc., which requires approximately 14 weeks of treatment by occupational negligence, and the victim F to suffer injury to the victim F, which requires approximately 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. 교통사고 발생보고서, 교통사고 보고⑴⑵( 실황 조사서)

1. A medical certificate (F), a medical certificate (D);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 of the Criminal Act:

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