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(영문) 서울중앙지방법원 2016.09.28 2016고단5031
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving of B-si.

On March 25, 2016, the Defendant driven the above taxi on March 23:5, 2016, and driven the road of five lanes in front of the D in Dongjak-gu Seoul Metropolitan Government, Seoul, along the direction of the big distance from the digital short area to the direction of the big distance.

At that location, one lane has a blue solid line prohibiting the change of course of a vehicle as an exclusive bus, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the bus-only bus so that the person who is engaged in driving of a motor vehicle can well live in the front and left, observe the bus lines, and not intrudes on the bus-only bus lanes.

Nevertheless, the Defendant neglected this and received the front part of the F Two-wheeled Automobile driven by the victim E (38 Do) who was driving along one lane due to occupational negligence in violation of the direction indicating the safety mark, and the front part of the F Two-wheeled Automobile driven by the victim E (38 Do) as the left part of the said cab.

As a result, the Defendant suffered injury to the victim due to the occupational negligence above, such as the so-called “alleying and closing of the alleys, including trees,” which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident prepared by Defendant and E;

1. Accident video CDs;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The reason for sentencing of Article 62(1) of the Criminal Act is that the defendant's negligence is hot and the degree of injury suffered by the victim is also hot.

On the other hand, however, the victim has been negligent in the occurrence of traffic accidents or the expansion of damage as a traffic accident while driving a two-wheeled vehicle in a bus-only lane that is prohibited from driving.

When a vehicle driven by a defendant is subscribed to a taxi mutual aid, the victim's damage is compensated.

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