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(영문) 창원지방법원 통영지원 2013.10.15 2013고단313
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in a private taxi driving service.

On March 10, 2013, the Defendant driven the above taxi on March 10, 2013, and turned to the left at the top of the Ma-dong community service center located in the Ma-dong Ma-dong Ma-dong Ma-dong.

There is a duty of care to safely turn to the left when there is no straight-off vehicle, since the yellow on-and-off signal is a blind-distance intersection where the turn to the left is operated, a driver who intends to turn to the left has a duty of care to safely turn to the left.

그럼에도 불구하고 피고인은 전방을 제대로 주시하지 않고 좌회전 진행한 과실로 맞은편에서 직진 진행하며 위 교차로를 통과 중이던 피해자 D(16세) 운전의 E 원동기장치자전거의 앞바퀴 앞부분을 위 택시의 앞범퍼 부분으로 들이받아 피해자로 하여금 그 충격으로 운전석에서 튕겨나가 택시에 부딪힌 후 도로에 넘어지도록 하였다.

As a result, the Defendant caused the victim by negligence in the course of performing the above duties to suffer serious injury by allowing the victim to suffer less than 12 weeks of unknown detailed brain and brain damage without any open address, and by allowing the victim to suffer serious injury by causing the disability of recognition function requiring continuous observation in the future, and the bodily right-hand mathy.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. According to the sentencing guidelines for sentencing of Article 62-2 of the Social Service Order Criminal Act, the Defendant is recommended to the imprisonment without prison labor for a period of four to ten months (the injury caused by traffic accidents).

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