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(영문) 창원지방법원 마산지원 2016.01.07 2015고단954
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On September 25, 2015, the Defendant came to turn to the left at the Cheonga Hospital from the direction of Jung-ri, the intersection of the private distance of Dong, which is located in the 1stm of the Eup in the Mari-si, Changwon-si, Changwon-si, Chungcheongnam-si, and the Eup.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely operate the steering gear and brake system of the motor vehicle and to prevent accidents in advance by operating the motor vehicle in accordance with the signals.

Nevertheless, even though the defendant neglected to do so and even though the cross-section signal is a yellow signal, the defendant was driving by C(56) who entered the intersection as it is and left the left at the opposite direction due to the negligence of left-hand.

D The front wheels part of the Defendant Doba was her back pent part of the Defendant Doba.

Ultimately, the Defendant caused damages to the victim for a long time in need of approximately six weeks’ medical treatment due to the foregoing occupational negligence, and suffered damages to the victim E (18 years old) who is the passenger of the above Oral Ba, for about two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The degree of damage on the grounds of sentencing under Article 62-2 of the Criminal Act is relatively more severe, and there is no agreement with the victims, but wrongs are divided, and there is no record of crime exceeding the fine, and other conditions of sentencing indicated in the record, such as the Defendant’s age, sex, environment, motive and circumstance of the instant crime, and circumstances after the commission of the crime.

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