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(영문) 서울동부지방법원 2014.04.28 2014고단497

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in dump trucks driving.

On November 30, 2013, the Defendant driven a dump truck above 16:10 on November 30, 2013, and led to a three-lane road in front of the 600 luminous intersection in Songpa-gu Seoul, Songpa-gu, to proceed at a speed of about 30km from the intersection to the luminous intersection.

At the time, there is a duty of care to make a left turn to a person engaged in driving service, so there was a duty of care to make a left turn.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and received the part of the victim C(39 years of age)'s pentum in front of the left side of the driver's dump truck, which was driven by the victim C(39 years of age) in accordance with normal course signals, from the opposite line.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim E (n.e., the victim E (n., the 39-year old-old) who was on the left-hand dog in need of approximately 12 weeks of medical treatment, such as a mouth fladder fa, which requires approximately 8 weeks of medical treatment, and the victim F (n.e., the 8-year old-age-old) with approximately 6 weeks of medical treatment, such as the right-hand fladder fa, etc., which require approximately 2 weeks of medical treatment, and the victim H (the 3-year-old-old-old-age-old-age-old-age-old-age-old-age-age-old-age-old-age-of-age-age-of-age-age-of-age-age-of-the-counter treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. A photograph of each accident site;

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 under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of punishment (the punishment prescribed for the crime against C of a victim with the largest sentence shall be imposed, but the punishment by imprisonment without prison labor shall be chosen);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.