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(영문) 의정부지방법원 고양지원 2015.10.23 2015고단2153
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cab.

On October 00:25, 2015, the Defendant driven the above taxi and continued to turn to the left at the right-hand turn from the front-dong bank of Goyang-gu to the front-dong bank of Goyang-gu.

At that time, there are nights and traffic signals installed, so the person engaged in driving service has a duty of care to safely drive according to traffic signals by making the room and the left and the right of the person engaged in driving service well.

Nevertheless, the Defendant neglected this and proceeded to the left without complying with the vehicle driving signal even though it was a stop signal, and instead proceeded to the left, the part on the left side of the victim E (the 21-year-old) driving of the victim E (the 21-year-old) who is straight by the green straight-line signal from the Mansan Seaside to the left side of the said taxi was taken into account.

As a result, the Defendant suffered injury to the victim under the above occupational negligence, which did not go to the left-hand side in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs, such as booms of vehicles;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant violated the signal even though he/she is in a position to comply with traffic regulations, and that the victim's injury is very serious.

However, considering the fact that the victim and the defendant have not been punished by the unanimous agreement, there has been no past history of punishment in recent years, and the fact that the defendant's mistake is divided, the economic situation of the defendant is considered.

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