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(영문) 서울동부지방법원 2015.06.24 2015고단1084
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 a taxi for the use of the CBS.

On April 17, 2015, the Defendant driven the above taxi on April 05:25, 2015, and came to turn to the left at the right turn in front of the above intersection while driving the 389 lane in front of the radio wave distance located in Songpa-gu Seoul.

Since there is an intersection where signal apparatus is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle at a safe speed and method by towing the movement of the cross-road vehicle in accordance with the direction of signal apparatus, as well as by driving the motor vehicle in accordance with the direction of signal apparatus.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the part of the victim D(41 years old)’s front part of the bus’s front right-hand part of the E-city bus, which was driven by the direct margin signal from the bend right-hand side of the bend right-hand side of the bus, from the victim D(41).

The Defendant, by its occupational negligence, sustained injury to D, such as satisf, etc., on the right side satisf, on a bridge to which the number of days of treatment cannot be known to the victim F (38 years of age) who is a bus passenger, and injury to the knive water surface that requires approximately 8 weeks of treatment to the victim G (45 years of age) who is a bus passenger, and suffered injury to the victim H (V, 55 years of age) who is a bus passenger for about 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes, such as a certificate of medical treatment and a 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 and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Act and the punishment of both victims shall be imposed.

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