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(영문) 부산지방법원 2014.12.08 2014고단7427

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a small-scale taxi in C.

피고인은 2014. 1. 17. 21:35경 부산 강서구 명지동에 있는 명지퀸덤1차아파트 앞 편도 2차로 도로를 퀸덤아파트 방면에서 두산위브아파트 방향으로 진행하다

The left turn was made at the intersection where traffic is not controlled at the front.

In such cases, the driver of a motor vehicle has a duty of care to yield the course to the other motor vehicle and prevent the accident by driving the motor vehicle if there is another motor vehicle that intends to drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not yield the course to E-to-be, which was driven by the victim D (Nam, 30 years old) who was driving on the opposite lane, and received the victim's O-to-bea in the right door to the right side of the vehicle by the negligence of the Defendant.

As a result, the Defendant suffered from injury to the victim, such as cerebral cerebrovassis, which could not be known about the days of treatment due to occupational negligence, and thereby, caused the disease such as the right convenience, recognition disorder, language disorder, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents and application of Acts and subordinate statutes governing field photographs;

1. Article 3(1) and the proviso of Article 4(1)2 of the Criminal Act regarding criminal facts, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Article 3(1) and Article 4(1)2 of the Act on the Punishment, etc. of Specific Crimes, although the victim suffered serious injury, such as right-hand horse, recognition disorder, language disorder, etc. due to the instant accident, the Defendant was admitted to the taxi mutual aid association, the Defendant’s unfavorable circumstances such as the fact that the instant vehicle did not reach an agreement with the victim, the favorable circumstances such as the fact that the Defendant is against the victim, and other favorable circumstances such as the Defendant’s sex and behavior