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(영문) 서울중앙지방법원 2014.01.10 2013고단7089
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Bone Star cargo vehicle.

On November 2, 2013, at around 12:37, the Defendant came to turn to the left the right at the north bank of the Young-dong branch located in Chungcheongnam-gu Seoul, Gangnam-gu, Seoul, to the north bank of the Young-dong branch.

Since there is an intersection where a signal is installed, there is a duty of care to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and keeping the front door well, and to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the defendant neglected this and found the D-wheeled vehicle driven by the victim C (year 42) who is going to cross-road from the left side of the direction to the right in accordance with the new subparagraph, while making a left-hand turn due to the left-hand turn in violation of the signal, and received the front part of the damaged vehicle due to the front part of the driver's seat of the defendant.

As a result, the defendant suffered from the above occupational negligence that caused the victim to suffer from the top-hand scke scke scke in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence [decision of a suspended sentence] Traffic crime, general traffic accident, and Type 1 (Death resulting from Traffic Accidents) (the scope of recommending punishment] (the determination of a sentence] from April to October (the basic area) of imprisonment without prison labor] (the determination of a sentence] the defendant paid a traffic accident by negligence in violation of the signal, and there are unfavorable circumstances such as the victim’s serious injury.

Meanwhile, the Defendant committed the instant crime.

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