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(영문) 서울동부지방법원 2019.06.26 2019고단1278
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months, and the execution shall be suspended for one year and six months from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Criminal facts

The defendant is a person who is engaged in driving service of k5 C-si owned by the K-B Bank.

On July 12, 2018, the Defendant driven the above taxi on July 02:20, and led the road of seven-lanes in front of the distance of the sports complex, which is located in 99, Songpa-gu Seoul Olympic Games, to proceed at an aesthetic speed, depending on three-lanes from Samsung Bridge to the new area.

At the time, there was an intersection where signal lights are installed at night and at the front of that place, so it was confirmed whether a person engaged in driving of a motor vehicle has a motor vehicle driving duty to reduce the speed and to check whether there is a vehicle passing through the intersection in good condition, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, even though the front signal was a yellow light, proceeded against the signal and turn to the left by negligence, and received the front wheel part of the motor bicycle driven by the victim D (15 years old) who was placed on the yellow signal from the right side of the direction direction to Samsung T&T from the right side of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered serious injury to the victim E (the 16-year-old) who was on the said motorcycle due to the above occupational negligence by causing approximately nine months of medical treatment to the victim D, and suffered injury to the victim E (the 16-year-old) who was on the said motorcycle by causing approximately five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The F statements of statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Penalty provisions: Article 3 (1) and proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Commercial concurrence: Criminal Act. Article 40 or 50 (Punishment as a crime against D with a heavier penalty);

1. Selection of punishment: Imprisonment without prison labor;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Social service order, etc.: The reason for sentencing the Criminal Act 62-2 / [type] the ordinary traffic accident shall be the first type of traffic accident.

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