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(영문) 서울중앙지방법원 2015.04.03 2015고단965
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip taxi.

On January 6, 2015, the Defendant driving the above vehicle at around 23:50, and driving the four-lane road in front of Jongno-gu Seoul Metropolitan Government, along the first lane in the direction of the Gu flag tunnel from the boundary of the new intersection road, and became a U-turn.

At all times, there was an intersection where signal lights were installed, and there was an indication to have a pedestrian signal internship, so in such a case, a person engaged in driving service has a duty of care to make a safe internship in accordance with the signals and signals.

Nevertheless, the Defendant neglected this and received the part of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, which was while normally proceeding from the opposite vehicle line due to the negligence in the front line of the vehicle.

Ultimately, the Defendant suffered from the victim F, who was on board the Defendant’s taxi due to the above occupational negligence, the injury such as inside the left-hand leg and the pelpel in need of approximately 8 weeks of medical treatment, the injury of the victim D, such as cage pelf and tension, and the injury of the victim G, who was on the part of the damaged vehicle, for about 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Each written diagnosis;

1. A traffic accident report;

1. On-site photographs of a traffic accident, vehicles booms images, and closures;

1. Application of Acts and subordinate statutes to investigation reports;

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. The suspended execution is divided into the errors of Article 62 (1) of the Criminal Act, the fact that there is no criminal record of imprisonment without prison labor or more, and the driving of the accused;

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