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(영문) 전주지방법원 정읍지원 2015.07.28 2015고단207
교통사고처리특례법위반
Text

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

except that 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 person who is engaged in driving of a fwing freight truck.

On February 4, 2015, the Defendant driven the above cargo vehicles around 14:40 on February 4, 2015, and opened an intersection of the shooting distance in front of the IC of the Sikkk Doe-Eup at Jeong-Eup.

From the direction of the two hospitals, the area was turned into a lot.

Since there is a remote intersection where traffic signal, etc. is installed, there was a duty of care for the person engaged in the driving of the motor vehicle to safely drive the motor vehicle according to the direction of signal apparatus.

Nevertheless, the Defendant neglected this and neglected to stop the traffic signal, and neglected to go through the above intersection, and neglected to go on the right side of the cargo vehicle of the Defendant, and received the part of the front part of the cargo vehicle of the victim E(30 years old) driving, who was straight along the traffic signal from the right side of the cargo vehicle of the Defendant, as the part on the right side of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as conical 5 times in need of treatment for about 8 weeks, inverte No. 1 times in spine, external wheel fever and influorial flick, etc., the injury to the victim G (35 years of age) who is the passenger of the damaged vehicle, for approximately 2 weeks in need of medical treatment, and the injury to the victim H (V, 66 years of age) who is the passenger of the Defendant’s cargo vehicle, for approximately 2 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to I and E;

1. Each statement of H and G;

1. Report on internal investigation and report on internal investigation (in relation to the signal system);

1. Investigation report (report on listening to the I telephone statement of a blind person);

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Medical certificate (H), medical certificate (E), and medical certificate (G);

1. Application of statutes on field photographs;

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 facts constituting an offense;

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

1. Selection of penalty;

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