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(영문) 서울서부지방법원 2014.09.16 2014고단1682
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 driving of B Poter cargo vehicles.

On April 11, 2014, the Defendant driven the above vehicle at around 17:00, and proceeded along the two lanes of the 174 front road as Mapo-gu Seoul Mapo-gu, the Defendant driven the above vehicle at the speed of 10 km from the boundary of the Mapo Police Station to the air-line 10 km each hour.

Since the location was an intersection where signal lights are installed, there was a duty of care to safely drive the signal, etc. in such cases, in accordance with the signals, to the person engaged in driving service.

Nevertheless, the Defendant neglected this and did not discover the victim C(57 years of age) who was straighted on the left side of the Defendant’s vehicle at the intersection where there is no U-turn mark in the U-turn signal, and received the front wheels of the D-wheeled vehicle, which is the damaged vehicle, due to the part on which the Defendant’s driver’s seat was loaded.

결국 피의자는 위와 같은 업무상의 과실로 피해자에게 약 8주간의 치료가 필요한 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes concerning diagnosis, on-site investigation and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reasons for sentencing are indicated below) [the scope of recommendation] general traffic accident [Article 62(1) of the Criminal Act] In the basic area (see, e.g., April to October) of the first type of traffic accident [decision of sentence] / The degree of negligence of the Defendant’s crime and the degree of injury to the victim resulting therefrom is serious, but the Defendant reflects his mistake, is covered by a comprehensive insurance, and all of the sentencing conditions as shown in the records and arguments of this case are considered.

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