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(영문) 부산지방법원 2015.06.17 2015고단1077
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving of rocketing-type taxi.

On October 14, 2014, the Defendant driven a vehicle above 08:50 on October 14, 2014, and driven the two-lanes of the two-lanes in front of the Chinwon in Busan Landong-gu, in accordance with the two-lanes in the direction of the suburban bus terminal from the direction of the reduction subway station.

The location is to confirm whether a person engaged in driving on a road along which a signal, etc. has a vehicle passing through the intersection by reducing the speed for the person engaged in driving on the road and checking well the front side of the road, and there is a duty of care to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and neglected that vehicle progress signal is changed to the stop signal, and due to the negligence of proceeding, the defendant, who entered the intersection from the right-hand side of the defendant's proceeding to the left-hand side, received utility poles prior to the driver's seat of the horse set car operated by D, which had entered the intersection from the right-hand side of the defendant's proceeding, and received telegraphs in India.

Ultimately, the Defendant caused the victim E (the 56-year-old female) who was a taxi of the Defendant due to the above occupational negligence to suffer injury, such as cerebral leina in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement on the occurrence of a D traffic accident;

1. Application of the Acts and subordinate statutes of the criminal place, traffic accident report (1)(2), traffic accident occurrence report, photograph, diagnosis report, investigation report (Attachment to photographs by cutting down Mebbox image images) and the next time inquiry report;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing (Determination of type): General traffic accidents, Type 1 (Bodily Injury from Traffic Accidents), and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of punishment) (the scope of a sentence of recommendation) for April to October;

2. Determination of sentence;

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