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(영문) 전주지방법원 2015.12.01 2015고단1482
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving CK5 taxis owned by B.

On August 1, 2015, the Defendant driven the above taxi on August 11:34, 2015, and proceeded to turn to the left at the front of the new elementary school in front of the new elementary school in 1091, which is the Dongdaemun-gu unit in the Jeon-gu, Seoul Special Metropolitan City, according to the first-lane of the four-lanes of the two-lanes.

Since there is an intersection where signal lights are installed, the defendant has a duty of care to safely drive the signal and prevent the accident from occurring.

Nevertheless, the Defendant neglected to turn to the left on the straight line in violation of the signal and shocked the front wheel part of the victim D(the age of 46) driving with the front gate of the victim D(the age of 46) driving with the front gate of the CA110V Oral Sea by the front gate of the taxi right of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the mouth of two hairs that require approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes of the written diagnosis and request review;

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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] mitigated area (one to six months) of type 1 of general traffic accident (the injury caused by traffic accident) (the person who is specially mitigated) (the sentence that is not sentenced to punishment): January to June (the sentence that is sentenced] - Gross negligence (the violation of traffic signal at an intersection, the left-hand turn on the lane), heavy injury, the same criminal record and one time (the fine).

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