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(영문) 창원지방법원 진주지원 2014.11.21 2014고단763
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 engaged in Csi driving service.

On June 3, 2014, the Defendant driven the above taxi on June 23:50, and had the E convenience store in Jinju-si go ahead of the E convenience store in Jinju-si, using one lane from the galo-distance bank to the front door of the Gyeong University.

At this time, there was a crosswalk and there was a sign for pedestrian signal in the vehicle signal apparatus, so in such a case, a person engaged in driving service has a duty of care to safely intern when the green pedestrian signal turns on the crosswalk.

Nevertheless, the defendant did not find out the 100cc Orala, which was driven by the victim F (the age of 15) who violated and proceeded in the opposite direction due to negligent negligence while the vehicle signal in the direction of the way is green, and the pedestrian signal in the crosswalk is marked red, and the above part was completely part of the defendant's taxi lighting.

As a result, the Defendant suffered injury to the victim as to 10 weeks of medical treatment due to occupational negligence, such as a pelle and closed pelle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. A traffic accident report or an occurrence report of a traffic accident;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant committed an accident against the signal and shocking the victim's mispersation, resulting in the victim's injury requiring about 10 weeks of treatment. However, although the defendant was committing an offense, the defendant was leading to the commission of the crime, the defendant was smoothly agreed with the victim, and the taxi operated by the defendant is the Federation of Passenger Transport Business Association of Korea.

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