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(영문) 광주지방법원 순천지원 2017.01.12 2016고단2383
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 dump truck driving.

On May 31, 2016, the Defendant driven a dump truck above 09:40 on around 09:40, and tried to drive a dump truck in front of the mountain mountain mountain mountain at a speed of about 80km from the direction of the end of treatment of wastewater in the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain.

At this point, the intersection where on-and-off signal is installed, and the speed of restriction is 50km speed, so in such a case, the person engaged in driving service has a duty of care to observe the signal and the speed of restriction by reducing the speed prior to entering the intersection and to drive safely.

Nevertheless, the Defendant neglected this and went at a speed exceeding 30 km per hour while driving at a speed exceeding 30 km in contravention of the signal, and received the front part of the freight vehicle from Dribe driven by the victim C, who was driving on the left side of the direction, with the front part of the dump truck.

As a result, the Defendant suffered from the blood transfusion by preventing the victim from being in need of approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. A survey report on actual condition (1) (2);

1. A report on investigation (related to on-site investigations and investigations);

1. On-site photographs;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The gist of the allegation was that the other party violated the signal, and that party did not violate the signal.

2. In light of the above evidence, the signal to the intersection of the accident at the time of the accident in this case was a yellow light on-and-off signal at the time of the accident, and the direction the victim proceeded was a red light on-and-off signal at the time of the accident in this case.

Composition such as yellow.

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