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(영문) 대구지방법원 영덕지원 2018.07.06 2018고단49
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 Cknife vehicle.

피고인은 2017. 12. 17. 07:20 경 위 승합차를 운전하여 제주시 조천읍 조천리 1515-36에 있는 뱅듸왓 교차로 부근 도로를 신촌 방면에서 함 덕 방면으로 편도 3 차로 중 2 차로를 따라 진행하여 위 교차로에 이르게 되었다.

Since there is an intersection where traffic is controlled by signal apparatus, in such a case, there was a duty of care to observe the signal and drive the vehicle safely by checking well the front door.

Nevertheless, the Defendant violated the red stop signal and received the part of the victim D(78)'s Eraba and the head sentence part of the right side of the cargo vehicle in the direction of the Defendant's operation, which was under normal driving in line with the progress signals from the left side of the direction of the Defendant's operation, as it was due to the negligence in the course of business entering the intersection as is, without violating the red stop signal.

Ultimately, the Defendant suffered injury, such as a cage cage cages, which require approximately eight weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of D or F;

1. A report on investigation (report on the confirmation of police memorials and video images);

1. Reporting on the occurrence of a traffic accident, a traffic accident inspection report, and an inspection report on the actual condition of a traffic accident;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the application of the sentencing guidelines shall be limited to the category 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) (the person subject to special mitigation).

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