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(영문) 부산지방법원 2015.04.10 2015고단49
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 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 driving of a private taxi.

On August 9, 2014, at around 03:15, the Defendant driven the above vehicle and proceeded at a speed of 60 km each hour from the direction of the sub-section of the Moduk-dong in Busan Metropolitan City, along the two-lanes to the direction of the sub-section of the Moduk-dong.

At all times, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the direction of the road, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal while the signal is a vehicle stop signal.

From the right side of the proceeding direction to the left side of the victim D (ma, 49 years old) driving by the victim D (ma, 49 years old) who proceeded with the intersection in accordance with the new subparagraph, the upper part of the upper part of the E-motor vehicle is the front part

As a result, the Defendant suffered, by negligence in the course of business, injury to the victim F, who was on board the back seat of the skin of the victim, such as dynasium, etc., requiring approximately 10 weeks of treatment, and injury to the victim F, who was on board the back seat of the skin of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by G, D and F;

1. Each written diagnosis (H, F);

1. 교통사고보고⑴⑵

1. Application of Acts and subordinate statutes to photograph booms and video images, to the scene of an accident, and to photographs of accident vehicles;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the occurrence of an accident is not only due to the defendant's violation of the signal signal, but also the injury of the victims is disadvantageous.

The defendant is against his will;

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