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(영문) 의정부지방법원 2014.08.27 2014고단2139
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 rocketing taxi driver.

On March 7, 2014, the Defendant driven the above taxi on March 7, 2015, and tried to turn to the left-hand turn from the sports center to the network monthly station, while proceeding to the left-hand turn-hand turn-hand turn-hand turn in the three-lanes of the Dobong-si or the right-hand turn-hand turn-hand at the speed of the Dobong-si and the front of the Dosan

At all times, since 4 color signals including the signal apparatus for left turn are installed, the driver of the motor vehicle has a duty of care to live well on the front side and the left and to safely proceed to the left turn.

Nevertheless, the Defendant, by negligence, entered the intersection and left-hand turn at the time when the signal for left-hand turn is not lightsed, was shocked with the front part of the victim C (ma, 42 years old) driving at the intersection in contravention of yellow signal in contravention of yellow signal.

Ultimately, the Defendant suffered injury to the victim of approximately 16 weeks of medical treatment due to occupational negligence as seen above, such as cutting down the body body of other light body and closing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. An accident site photograph;

1. A report on investigation (to analyze black boxes and images);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Scope of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act: The final sentencing range recommended by sentencing guidelines from January to May 5 by credit cooperative: The types of crimes / [special sentencing] the types of causing traffic accidents in general traffic accident standards among traffic crime groups / None of increased factors: Reduction factors where there is substantial negligence on the victim even if there is substantial negligence, the victim shall not be punished [the scope of recommending punishment] mitigation area (from January to June): In the case where there is serious injury not serious injury, but serious injury.

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