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(영문) 서울남부지방법원 2013.04.05 2013고단498
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 a dump truck.

On January 9, 2013, the Defendant driven the above truck at a speed of 10:10, the Defendant continued to drive the above truck at a speed of 88 Yongyang-gu, Seoyang-gu, Seoyangyang-gu, Seoyang-gu, and the shooting distance in front of the 88 Yansan apartment at a speed below the speed of the Simm-gu, Sim-si.

At this point, since it is a private-distance intersection where signal lights are installed, a person engaged in driving service neglected his/her duty of care to reduce speed and safely drive the signal by checking the signal well, and caused injury to the victim, such as a dump 7th in the border of the driver's dump truck of the victim C (the age of 63) who was directly engaged in driving in accordance with the new code, by neglecting his/her duty of care to enter the red signal into the intersection in violation of the new code, and neglecting his/her duty of care to safely drive the signal in violation of the new code.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to traffic accident investigation reports, investigation reports, accident scene, vehicle photographs, and diagnostic reports;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (including the fact that the victim has agreed smoothly with him/her, he/she has subscribed to a comprehensive insurance and has no criminal record exceeding a fine) ;

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