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(영문) 전주지방법원 군산지원 2014.10.15 2014고단476
교통사고처리특례법위반
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 of Bchip motor vehicles.

On May 14, 2014, the Defendant was driving the said vehicle from the same new apartment to the Hanpodi apartment in the same distance between South and North Korea, which is located in the Sinsan-si transportation Dong on May 14, 2014.

Since the location is an intersection where signal lights are installed, in such cases, the defendant engaged in driving service has a duty of care to prevent accidents by reducing speed, checking whether there is a vehicle driving through the intersection by towing the front side, and driving safely by observing the traffic signal.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left at the right time while leaving a red stop signal, and received the front part of the victim C(SP) driving D's driving as the front part of the driver's car in the above Defendant's driving.

As a result, the Defendant suffered from the above occupational negligence the injury of salt, tensions, etc. to the above C, and the injury to the victim E (the son, the son of the said C driver’s car, about about 10 weeks old, in detail, requiring approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, comprehensively taking into account the following factors: (a) the fact that the defendant was committed at the time of and against the commission of the crime; (b) the victims have agreed so far with the defendant; and (c) the age, character and conduct, environment, motive and circumstance of the crime; and (d) the circumstances after the crime, etc., the punishment shall be determined

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