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(영문) 청주지방법원 2014.09.19 2014고단961
교통사고처리특례법위반
Text

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

except that 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 a car in a SP area.

On June 11, 2014, the Defendant driven a motor vehicle at the above SP on June 11, 201:30, and made a turn to the left at the right of both sides while driving a three-lane of the two intersection in front of the two intersections in a considerable circulation of the Cheongju City, a one-lane from the opposite intersection to the opposite intersection.

Since the left-hand turn is a prohibited area on the road surface, there was a duty of care to make a left-hand turn to a person engaged in driving service.

Nevertheless, the Defendant neglected to turn to the left as it was due to the negligence of the Defendant, and led the victim’s front-down part of the victim’s Dworket E, which runs from the right intersection to the upper intersection in accordance with the straight line from the right intersection to the upper intersection, to the left-hand part of the driver’s car above the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the injury to the victim D in the course of the above occupational negligence, such as the scopical salt, the scopical scopical scopical scopher, etc., which requires approximately 3 weeks of treatment to the victim F, who was on the top of the said rocketing car operation, and suffered the injury to the victim G (the 84 years old) who was on the back of the said rocketing car, who was accompanied by approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

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

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and proviso of Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation and injury caused by occupational negligence) 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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing: The victims shall be punished by both parties by mutual consent.

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