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(영문) 서울동부지방법원 2014.02.17 2013고단3234
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

At around 07:20 on November 2, 2013, the Defendant moved back the front road of 199-10, Gangdong-gu Seoul Sungdong, Gangdong-gu, Seoul, to the direction of the shooting distance from the view of the Jin-ri-ri-ri-ri-dong.

Since there is an intersection in which crosswalk and signal are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in accordance with the signals.

Nevertheless, when the Defendant was negligent in proceeding with the red signal as it was in order to make a right-hand by neglecting this, the Defendant received from the right-hand side of the victim D (the age 51) who was a bicycle riding on the crosswalk to the left-hand side of the pedestrian signal, from the right-hand side of the same direction as the front-hand part of the said taxi.

As a result, the Defendant suffered injury to the victim, such as the left-hand skes, the top-hand skes, and the skes, which require approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on traffic accidents and a report on actual condition;

1. Vehicles involved in the accident and photographs at the scene of the accident, and CCTV images of Gabbbs;

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

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

1. Article 62 (1) of the Criminal Act;

1. The instant accident on the grounds of sentencing under Article 62-2 of the Criminal Act is that the Defendant’s negligence on the occurrence of the accident itself, which caused the occurrence of the accident, even though it was a vehicle stop signal in the course of proceeding along the intersection where the crosswalk and signal, etc. are installed, is not somewhat weak, and that the degree of injury suffered by the victim is considerably significant.

However, a taxi that the defendant drives.

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