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(영문) 부산지방법원 동부지원 2013.11.12 2013고단2634
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 the duty of driving a small-type taxi B.

On August 3, 2013, at around 05:55, the Defendant, in front of the machinery announcement located in the Ma-dong, Busan, Daegu, was going to the shipping zone from the parallel of the Olympic Games.

Since there is an intersection where signal lights are installed, in such cases, the defendant engaged in driving service has a duty of care to reduce the speed, to check whether there is a vehicle travelling along the intersection by towing the front side, and to safely drive the traffic signal in compliance with the traffic signal and to prevent the accident.

Nevertheless, the Defendant neglected this and neglected to turn to the right side of the victim C's D's D's car, which had been sent to the Grand hotel on the side of the marine traffic zone by negligence in violation of the signal, received F's U.S. car from the victim E's E-driving, who was waiting on the side of the marine traffic beach.

As a result, the Defendant suffered injury to the victim C, such as a closed cream, etc. of the bones that needs to be treated for about six weeks, injury to the victim E, such as catum salt, tension, etc., which requires approximately two weeks of medical treatment, and injury to the victim G, who is a passenger of the above E-cat car, due to light catum, requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act 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. Suspension of execution under Article 62 (1) of the Criminal Act (Considering that a vehicle is subscribed to mutual aid and its mistake is recognized);

1. Social service order under Article 62-2 of the Criminal Act;

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