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(영문) 부산지방법원 2020.02.20 2019고단6251
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of B-si.

On September 21, 2019, the Defendant driven the above taxi on September 13:55, 2019, while carrying the victim C (n, 19 years of age), D (n, 19 years of age) and D (n, 19 years of age) and proceeded with the intersection of the distance in front of the G convenience point located in F located in Young-gu, Busan, Young-do, with the view of an I University.

Since there was a cross-section with signal apparatus, a person engaged in driving service has a duty of care to safely drive by complying with traffic signal and operating by checking the right and the right of the road well.

Nevertheless, the Defendant neglected to observe the signal while keeping the signal on the right-hand line, and proceeds immediately from the signal on the right-hand line. When the Defendant was negligent in not keeping the right-hand line and the right-hand side well, the victim J (39 years of age) who proceeded with the intersection from the front-side surface of the Korea Institute of Maritime and Fisheries Training to the front-hand side of the KS3 car operated by the Korea Institute of Maritime and Fisheries in accordance with the new line, was shocked toward the right-hand side of the said taxi.

As a result, the Defendant suffered from the above occupational negligence that caused the victim C to suffer the injury of the victim C, such as the injury of the closed dynasium which caused approximately four weeks of medical treatment, the injury of the victim D, the injury of the injury of the external congratory signboard escape certificate, etc. which requires approximately four weeks of medical treatment, and the injury of the victim JJ, such as the synasium and tension for two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each traffic accident statement;

1. A traffic accident report, photograph, traffic signal control visibility, traffic signal operation information report on a daily signal operation to the intersection;

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

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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