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(영문) 대구지방법원 2013.09.05 2013고단4321
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a B car.

On 20:25 on 2013. 206. 20:20, the Defendant driven the above passenger car, and led to the route from the East Eastern-gu Eastern-dong to the East East Eastern-gu East East East Eastern-do.

Since the signal apparatus is installed and operated normally, there was a duty of care for the person engaged in driving service to drive safely according to the new code.

Nevertheless, the part of the victim C (the 27-year-old) who was proceeding the said road by negligence in violation of the vehicle signal, driving ahead of the red signal, was placed in front of the left-hand part of the vehicle of the defendant's vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim C, such as the first bones bones, etc. of the body that requires approximately 8 weeks of medical treatment, the victim E (the first passenger of the damaged vehicle) who is the victim E (the age of 25) who is the chief passenger of the victimized vehicle, for about 3 weeks of medical treatment, and the victim F (the age of 27) who is the back passenger of the victimized vehicle, for about 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, E, and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act in the suspension of execution caused the instant accident by the Defendant’s violation of signal signals, which led to the victims. However, the victims and the victims agreed that the vehicle driven by the Defendant was covered by the comprehensive motor vehicle insurance, the vehicle driven by the Defendant did not have any criminal record of the suspension of execution or more.

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