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(영문) 창원지방법원 진주지원 2015.06.24 2015고단335
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. The Defendant in violation of the Special Act on the Settlement of Traffic Accidents is a person engaging in driving a shower car.

On October 16, 2014, the Defendant driven the above car and proceeded to turn to the left at a speed of about 15 km in the direction of the City-do regional self-support center in the direction of the head 5-ri distance from the intersection of the shooting distance in the Sacheon-si Sacheon-si Sacheon-si.

Since there was a cross-section where traffic is controlled by signal apparatus, in such a case, there was a duty of care to see the front side as a person engaged in driving of a motor vehicle and to safely proceed in accordance with the signals.

Nevertheless, the Defendant neglected this, while driving the left-hand turn signal in violation of the signal, brought the victim D (the 59-year old) who was working in accordance with the signals due to the negligence in the course of the duty, and brought down the front-hand part of the E-Muon 5 tons cargo vehicle to the right-hand part of the Defendant’s car, the front-hand part of the passenger vehicle and the front-hand part of the pent.

Ultimately, the Defendant suffered injury to the victim, such as kneee knee knee knee, which requires medical treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a shower car within approximately 7 km section from the front of the Sacheon Arts Village in the Seocho-gu, Sacheon-gu, Sacheon-do to the place where the said accident occurred, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic signal cycle chart, and a traffic accident report;

1. Registers of driver's licenses;

1. Application of the medical certificate, each photographic statute;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso of Article 3 (1), Article 3 (2) 1 and 7 of the Act on Special Cases Concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

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