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(영문) 서울남부지방법원 2014.11.14 2014고단3625

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the duty of driving B rocketing taxi.

On August 7, 2014, the Defendant driven the above car at around 08:00, and came to turn to the left from the shooting distance of 70 front of Guro-gu Seoul Metropolitan City, Guro-gu, Seoul to the ro-gu, Seoul.

At all times, signal lights are installed on the front side, and there is a non-protective circuit sign, so there was a duty of care to make a left-hand turn at the time of green lighting to those engaged in driving of the motor vehicle.

Nevertheless, the defendant neglected this and did not find the victim C (I, 66 years of age) crossing the road from the left side to the right side by the negligence of left-hand turn on the red signal, and did not find the victim C (I, 66 years of age) and had the victim go beyond the floor with the front part of the above taxi operated by the defendant.

As a result, the Defendant suffered injury to the victim, such as an injury to the right side, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report- a actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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, the selection of imprisonment without prison labor for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a fine has not been imposed once in addition to punishment, and the fact that a taxi mutual aid association is enrolled therein);