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(영문) 대전지방법원 홍성지원 2016.12.20 2016고단680
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for 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 a three-dimensional vehicle.

On July 30, 2016, the Defendant driven the above car on the 22:35th day of July, 2016, and got to turn to the left on the three-lane road of terminal distance from the Gyeongcheon Bathing Beach.

Since there was an intersection where signal lights are installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle driving a cross-section by reducing the speed and by properly examining the front side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to make a left turn in violation of the signal and got the front part of the victim D(the age of 44) driving from the opposite side of the water station distance to the large bathing beach, and received the front part of the victim D(the age of 44) from the front part of the vehicle of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in need of treatment for about 3 weeks, injury on the victim FF (27 years of age) who was on the cab of the victim D driving, injury on the 2nd part of L2 that requires treatment for about 10 weeks, injury on the part of the victim G (V, 60 years of age) who was on the rolling stock of the Defendant’s vehicle in need of treatment for about 14 weeks, injury on the part of the victim G (V, 60 years of age) who was on the 14-day right part of the water surface that requires treatment for about 2 weeks, injury on the part of the Defendant’s vehicle H (V, 6 years of age) such as dynasium, tension, etc. in need of treatment for about 2 weeks, and injury on the victim I (V) who was on the rolling stock of the Defendant’s vehicle in need of treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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