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(영문) 서울북부지방법원 2014.02.13 2013고단2928
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 Category C 2 cargo vehicles.

On December 11, 2012, at around 11:13, the Defendant made a turn to the left at the two-lanes from the right edge to the Central Telecommunication State, the two-lane roads in front of the luminous oil station located in 198-56, Jung-gu, Seoul.

Since there was an intersection of a non-protection line with a signal apparatus, a person engaged in driving of a motor vehicle shall safely drive the motor vehicle in accordance with the new code and shall not make a left-hand turn on the red signal.

Nevertheless, when the defendant neglected this and neglected to turn to the left even though the front signal was red, he received the victim D (the age of 82) who crosses the road next to the crosswalk from the left side of the crosswalk from the left side to the right side in accordance with the closed pedestrian signals, and had the victim go to the ground.

Ultimately, the Defendant, by occupational negligence, caused a fluoral or incurable disease, such as pulmonary fluoral typosis, pulmonary fluoral fluoral typosis with which the victim’s treatment period cannot be known, pulmonary fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoralsium, two inner fluoral fluoral fluoralsium, two inner fluoral fluoral fluorial fluoral fluoralsium, which had no open meral fluoral fluoral fluoral flusium, which had no two inner fluoral fluoral flu

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on traffic accidents and a report on actual condition;

1. On-site photographs of evidence;

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. The error of Article 62-2 of the Criminal Code of the community service order has been pened in depth, and agreed with the victim.

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