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(영문) 서울동부지방법원 2013.06.12 2013고단891
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 of the final judgment.

Reasons

Punishment of the crime

around 10:05 on February 20, 2013, the Defendant, who is engaged in driving of B Coindo sports cargo vehicles, driven the above cargo vehicles, and led to a four-lane road in front of the 161 U.S. apartment distance in Songpa-gu Seoul Metropolitan Government, Songpa-gu, to proceed from the high distance to the high distance, about 50km in speed.

Since the location is an intersection with signal apparatus, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing speed and checking well the front side of the road, and there was a duty of care to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, although the defendant neglected such duty of care and the signal is changed to yellow signal, the defendant's failure to turn to the left from the opposite direction of the signal that was driven by the victim C (A. 45 years old) who was driven by the victim C (A. 45 years old) to turn to the right side of the DV car, conflicts with the front side of the above cargo vehicle.

The defendant caused the above victim to suffer approximately six weeks of medical treatment due to the above occupational negligence, and caused the left-hand skes (including the left-hand skes).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The first crime committed by the defendant and the injury of the victim is anticipated to be recovered due to the purchase of a comprehensive insurance policy) ;

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