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(영문) 의정부지방법원 2015.11.17 2015고단2313

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 B-learning passenger cars.

At around 14:00 on February 5, 2015, the Defendant came to turn to the left at the right angle in Seoul, at the long time.

Since there was an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals by reducing speed and by properly examining the right and the right of the signal.

Nevertheless, there was a conflict between the victim C (the victim 48 years of age, the remaining)'s D liquid sports vehicle's driving under the new subparagraph due to the negligence of the left turn to the right-hand turn signal at both directions, and the front part of the driver's vehicle's driving is the front part.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as salt, tensions, etc. in light of the following conditions: (a) stoke and stoke in the B-learning car capacity E (the remaining 33 years old); (b) stoke and stoke in the outer side stoke in need of approximately 4 weeks of medical treatment; (c) d toeak in the D-eto-sports club F (the remaining 59 years old, the remaining 59 years old); and (d) d toeak in the right stoke that requires approximately 6 weeks of medical treatment to G (the 61 years old, the remaining 61 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared C and E;

1. The actual condition survey report;

1. Efabbbbbling images of damaged vehicles;

1. On-site photographs;

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. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of criminal punishment except for those imposed one-time suspension of indictment, the victim E and the victim C did not want the punishment of the defendant, and the defendant is the defendant.