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(영문) 서울남부지방법원 2015.02.13 2014고단4990

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 B-Wood vehicle.

On October 31, 2014, the Defendant driven the above car at around 12:40, and opened the two-lane road front of the Driju station in Guro-gu Seoul Metropolitan Government, and proceeded along two-lanes from the side to the luminous name.

Since there is an intersection with a vehicle stop line, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to those engaged in driving service.

Nevertheless, the Defendant neglected to do so and entered the intersection beyond the red signal line in contravention of the signal, and received the part of the victim E (the 49-year-old driver)’s vehicle following the victim E (the 49-year-old driver’s license), who was proceeding from the opening direction to the king-dong.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as catitiss, which requires approximately three weeks of medical treatment, and the injury to the victim G (the 75 years of age) who was on the back of the rocketing passenger car, for about three months of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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 grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are the initial and erroneous reasons for sentencing, and the fact that the automobile comprehensive insurance has been subscribed to and has reached an agreement with the victims shall be determined as the same as the order; and