(영문) 서울중앙지방법원 2013.11.15 2013고단5996

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(영문) 서울중앙지방법원 2013.11.15 2013고단5996

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

On June 5, 2013, at around 21:50 on June 21, 2013, the Defendant driven a C-business taxi, and tried to proceed as the opposite line the speed of about 5 K m in the Si speed according to one way among the four-lanes of the Doe-dong, Gangnam-gu, Seoul, from the shooting distance protection area of the Doe-dong, the south-gu, Seoul to the 467-6 front side of the Doe-dong, to the shooting distance of the Doe-dong.

Since the center line is installed in the yellow domin line and the U.S. is banned, there was a duty of care to prevent accidents by safely making a U.S.-turn at the permissible point for the driver of the motor vehicle.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor due to the shock of the victim's Da driving, which was going in the first lane of the opposite part due to the occupational negligence of the central line, which caused the victim to go in the front part of the taxi right of the defendant.

As a result, the Defendant suffered serious injury, such as paralysis, etc. caused by the upper half of the right frame, which is anticipated to permanently obstruct the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Reasons for sentencing under Article 3(1) and proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act [the decision of type] general traffic accidents, injury (type 1) of traffic accidents (special person): In the event of serious injury: [the scope of sentencing] in the event of serious injury [the scope of sentencing] - August - one year and six months (the decision of sentence] in the event of the occurrence of serious injury [the decision of sentence] in the event of the Defendant’s negligence committed while the Defendant committed a central line, thereby causing the injury to the victim by shocking the victim’s ozone, and the victim did not reach an agreement with the victim.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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