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(영문) 서울동부지방법원 2014.06.25 2014고단1308
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On April 22, 2014, the Defendant driven the above cargo vehicle around 08:45, and led to the left to the right to the upper three-lane 49 ahead of the 49-lane of Seongdong-gu Seoul, Seongdong-gu, to the right from the edge of the piling Island.

Since there is a place where a signal is installed, there was a duty of care to make a safe turn to the person engaged in driving service according to good faith.

Nevertheless, the Defendant neglected this and led the victim C(52 years of age) who driven a D motorcycle in the opposite direction by negligence on the left left turn to the straight signal of the vehicle, and then led the victim C(52 years of age) to shock the front left side of the police bus No. 71024 at that time.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse are the period of the suspension of execution, being sentenced to imprisonment with prison labor for one year for a violation of the Act on the Control of Narcotics, Etc. (mariju) on October 25, 2013, which orders two years of the suspension of execution, probation and 40 hours of community service.

However, the fact that the defendant is against the defendant, the defendant paid 4 million won to the victim, the fact that the defendant agreed to pay 4 million won, some of the circumstances of the crime, the fact that there is no previous conviction, the fact that the above community service is carried out, the probation is well performed, the defendant must support two children who are his spouse and children, and other various sentencing conditions such as the defendant's age, character and behavior, environment, and the circumstances after the crime are considered as the order.

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