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(영문) 서울남부지방법원 2015.09.08 2015고단2862

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a marina vehicle B.

On May 8, 2015, at around 11:35, the Defendant came to turn to the left the right at 20km a speed of 10km from the side of the king Station in Guro-gu Seoul to the side of the two lanes.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to reduce the speed for persons engaged in driving service and drive safely according to their signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the signal, and received the part of the victim E (the 50-year-old traffic entrance)’s right-hand entrance of the FF bus from the side of the side of the traffic at the time of the traffic signal to the direction of the error.

Ultimately, the Defendant suffered from the victim E by negligence in the course of performing the above duties a scarcity of a scarcity, etc., and suffered from the victim G (the victim 54 years old), who is the passenger of the above city bus, with saltss, tensions, etc. of the bones of wood, which requires approximately 4 weeks of medical treatment. The victim H (the victim H(the age of 43) who is the passenger, suffered from the injury of brain dystrophism in need of medical treatment for about 3 months, and suffered from the same victim I (the age of 51) with the scarcity, tensions, etc. requiring medical treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Each statement of G, H and I;

1. A traffic accident report, a report on the occurrence of a traffic accident, and a photographic image of an urban bus booms in the damaged vehicle;

1. Application of each statute of diagnosis to E, G, H, and I;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.