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(영문) 광주지방법원 2013.11.22 2013고단4350

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C-owned D-business taxi vehicles.

On August 31, 2013, the Defendant operated the above vehicle at around 20:50, and made the front of the scar golf road located in the dong-dong in Gwangju Northern-gu turn to the left at the right turn, depending on the two-lanes between the 4-lanes from the west-gu.

At the same time, there is a vehicle that has been placed in accordance with the signals in the opposite direction of the defendant at the time, so in such a case, the driver of the motor vehicle has a duty of care to prevent the progress of the other party after stopping until his/her signal to the direction of the driving.

Nevertheless, the Defendant breached the above duty of care and caused injury to the victim E (n.e., 43 years old) of FM7 car driven by the victim E (n.e., 43 years old) who was on the right side of the Defendant’s vehicle and left turn to the right side in contravention of the signal, due to shocking the front part of the FM7 car driven by the victim E (n.e., 43 years old) under the new subparagraph, which requires approximately two weeks of treatment to the victim, and suffered injury to the victim G (n., e., e., g., the victim) who was on the vehicle of the Defendant for about four weeks of treatment, in detail in need of about four weeks of treatment, such injury as throstosis, without any two open wounds, from the same victim H (n, 53 years old), I (n, 52 years old), and the injury without any open one.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of traffic accident and statement of each victim;

1. A traffic accident report (1) (2) and 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. A large number of traffic accidents resulting from the violation of reasons and signals for sentencing under Article 62(1) of the Criminal Act.