(영문) 인천지방법원 2013.05.23 2013고단920

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(영문) 인천지방법원 2013.05.23 2013고단920

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 CTXG car.

On January 11, 2013, the Defendant driven the above car at a speed of 40-50 km from the side of the bachelor’s distance to the speed of 40-50 km from the side of the passenger’s degree, while driving the above car at around 20:40 on January 11, 201.

Since the location is an intersection where traffic is controlled by signal apparatus, a person engaged in driving of a vehicle has a duty of care to prevent accidents by driving the vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and led the victim D (the aged 43) who tried to turn to the left at the three-lanes of the road due to the negligence of entering the intersection while the front line was changed from green lights to left turn, and the front part of the E-to-hand turn driven by the victim D (the aged 43) who tried to turn to the left at the same direction of the road.

After all, the Defendant suffered injury, such as double-duplicating clothes, which require approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on initial operation measures at the scene of a traffic accident, on-site intensity, output and photographs of ctv materials, and a report on a traffic accident;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a investigative report (CCTV verification report and confirmation of the content of crackdown on suspect signal violations);

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the absence of any other previous conviction, the fact that the negligence of the victim in the occurrence of an accident seems to coincide with a considerable part of the occurrence of an accident, the fact that a comprehensive insurance is covered,

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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