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(영문) 서울서부지방법원 2014.12.23 2014고단2687
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On July 14, 2014, the Defendant: (a) driven the above cargo vehicle on the 16:40th day of July 14, 2014; (b) discovered the two-lane road in front of the “E” space in Eunpyeong-gu Seoul Metropolitan Government, along the two-lanes in front of the “E” distance, at the speed of about 30km in the direction of the Western Hospital, where another cargo vehicle stops on the front side; (c) changed the said cargo vehicle into a one-lane; and (d) changed the said cargo vehicle into a two-lane again.

At the time, the lane that the Defendant was driving was the second lane, and in such a case, the person engaged in driving service is likely to impede the normal passage of other vehicles, and when the vehicle is likely to change the course, the person engaged in driving service should not change the course, and when the vehicle is changed, there was a duty of care to safely change the vehicle line and prevent the accident in advance by giving the direction, etc. in advance, giving the prior notice of the change in the vehicle line, and at the same time, giving the prior notice of the change in the traffic situation of the front and after the change in the vehicle line.

Nevertheless, the suspect neglected to do so and changed the line to the second line with the occupational negligence of the victim F (the age of 69) who was driven by the same direction along the second line with the second line due to the negligence in the course of business, taken over the left hand of the victim F (the age of 69) by the front door of the right side of the defendant's vehicle, and took over the upper part by the shock.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during about 12 weeks of medical treatment, such as probane transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. The scene of the accident and photographs of the vehicle involved in the accident;

1. Application of the Acts and subordinate statutes requesting diagnosis and investigative cooperation;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor (the scope of recommending punishment) is general.

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