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(영문) 광주지방법원 해남지원 2016.02.04 2015고단538
교통사고처리특례법위반
Text

Defendant

A 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

Defendant

A is a person engaged in driving D dump truck trucks.

Defendant

A, around 09:55 on October 14, 2015, driven the above vehicle and proceeded to the left 20km at the speed of 10km from the front side located in the Geum-gun, Jindo-gun to the front side of the Geum-gun located in the Geum-gu, Nam-do. Since the intersection where signals, etc. are installed at the time, such as red-off and flickering, are the intersection where the passage of the vehicle is frequent, a person engaged in driving has a duty of care to temporarily stop the vehicle and check whether the vehicle has passed and drive the vehicle safely in accordance with signals.

Nevertheless, Defendant A neglected this and neglected the vehicle driving signal, but neglected and proceeded with it, and instead neglected it, was the front wheel part of the victim B ( South, 72 years old) driving, Ewing, and Ⅲ, who was directed from the front side of the said intersection to the gold village, with the rear wheel part of the driver's seat of Defendant A.

Defendant

A due to such occupational negligence, he suffered injury to the victim B, such as a fresh dump 4 packs, which requires approximately 12 weeks of treatment, and injury to the victim F (M, 85 years of age) who was accompanied by the damaged vehicle, such as a fresh brus, etc. which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. A traffic accident-related statement of the F;

1. Each written diagnosis;

1. A traffic accident report, a report on the occurrence of a traffic accident, a rough map on the scene of a traffic accident, and an on-site photograph of a traffic accident;

1. Application of Acts and subordinate statutes to a report on investigation (to attach image materials for strawing vehicles);

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(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).

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