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(영문) 서울동부지방법원 2016.06.16 2016고단986
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a C-Ma cargo vehicle.

On January 19, 2016, the Defendant driven an above cargo vehicle on or around 02:48, and proceeded six lanes ahead of the lock-gu Seoul Olympic Games, which is located in 300, with three lanes from the direction of the traffic center to the Newcheon Station.

Since it is at night and at the same time an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by reducing the speed of the motor vehicle and safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, when the signal apparatus at the front side has already been changed to yellow light without negligence, the defendant neglected it and entered the intersection as it is, thereby making a left-hand turn-hand turn-hand turn-hand turn-hand turn-on from the front side of the cargo vehicle of the defendant at the front side of the cargo vehicle of the defendant, and the part of the victim F (56 years old) who was left-hand turn-hand turn-on from the front side of the cargo of the defendant at a one-lane to the right-hand turn-hand turn-on (60 years old) in the front side of the cargo of the defendant.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D the injury of the victim D, such as the felb of the body body of the large 14 weeks, and the victim F, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in F and D;

1. Application of Acts and subordinate statutes to a traffic accident report, each medical certificate, and part of a collision of accident vehicles;

1. Article 3 (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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 of the Criminal Act:

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