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(영문) 광주지방법원 2017.03.16 2016고단5720

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of C Launa taxi.

On October 31, 2016, the defendant driving the above taxi at around 00:00, and driving it into the mountain village located in the northwest of Gwangju Northern-gu, Gwangju, the defendant led to the protection of the health university in the dong-gu. On the other hand, the defendant waiting the signal at the first lane, which is the right-hand left-hand one among the five-lanes in the dong-gu, and changed the right-hand turn to the second lane, which is the right-hand one thereafter, and turned to the non-speed speed.

However, since there is a center line, there was a duty of care for those engaged in driving service to safely operate the center line and not to intrude the center line.

Nevertheless, the Defendant attempted to change the right-hand turn to two lanes, which are right-hand lanes, from the first lane to the second two lanes, but did not properly operate the steering gear and did not operate the steering gear in excess of the central line, due to the negligence in excess of the central line, after the said taxi was faced with a rail installed on the opposite one lane, the Defendant did not avoid driving the victim D (W, 48 years old) who was driven in the opposite direction while the said taxi was traveling at the opposite direction, and did not systa car in the front part of the said rocketing car.

As a result, the Defendant suffered from the victim D’s loss in the above occupational course, which requires approximately seven weeks of medical treatment. The Defendant suffered approximately eight weeks of medical treatment from the victim F (57 tax) who is the passenger of the damaged vehicle, such as “the cutting of inside and outside walls within the left side,” and suffered approximately seven weeks of medical treatment from the victim G (51 tax) who is the passenger of the taxi driving by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. The initial and actual survey report on traffic accidents;

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

1. Article 3(1) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts.