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(영문) 의정부지방법원 2014.01.22 2013고단4466
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 small-type taxi in C.

On September 19, 2013, the Defendant driven the above taxi on September 14:10, 2013, and proceeded at a three-lane road in front of the so-called So-called So-called So-called So-called So-called So-called So-called So-called So-called U.S. Do along one-lane from the boundary of the so-called So-called So-called So-called So-called So-called So-called U.S.

At all times, there is a signal sign and a left-hand turn turn at the front door, so there was a duty of care to stop the vehicle on the stop line and turn to the left in advance by examining whether there is no vehicle driving on the opposite lane.

Nevertheless, the Defendant neglected this and tried to turn to the left prior to approximately 1-2 meters prior to the arrival of the vehicle driving on the opposite line, and tried to turn to the left at the right line, thereby driving the said road in the opposite direction in accordance with green signals by the victim D(35 years of age) who proceeded with the said road in the opposite direction in accordance with green signals.

As a result, the Defendant suffered liver medical care for about 10 weeks due to the above occupational negligence, and at the same time, the Defendant suffered injury to the victim F, who was on the cab at the same time, to whom he was on the 38-year old-old taxi, such as cerebral lein, which is in need of a detailed treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. A medical certificate (F, D);

1. Application of Acts and subordinate statutes to an investigation report (a confirmation, etc. of the content of a video CD);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Although Article 62(1) of the Criminal Act was previous and two times of suspended execution, there was no criminal record other than the above two-time fines, and was admitted to the Financial Cooperative, and the victim D.

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