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(영문) 부산지방법원 2015.12.02 2015고단4719
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 the duty of driving B rocketing taxi.

On June 8, 2015, the Defendant driven the above taxi at around 10:10, and proceeded at the speed of the five-lanes in front of the east-gu Busan Metropolitan City's securities along the southwest-gu's south-do along the three-lane speed from the southwest-do.

At the time, it was difficult to secure the view due to the decline, and there was an intersection where signal lights are installed on the front side, so in such a case, the driver had the duty of care to reduce the speed and to safely operate the signal in accordance with good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the right from the right intersection to the right intersection in accordance with the new code by negligence of passing an intersection on the red signal, and received a DNA two-wheeled vehicle from the victim C(66 years old) driving on the right intersection from the right intersection from the right intersection in front of the above taxi.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as the left-hand pelle officer in need of medical treatment for about 12 weeks, and the injury to the victim E (V, 48 years old) who was accompanied by the said two-wheeled vehicle, such as the left-hand pelle on the bridge where medical treatment for about 3 weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes, such as a traffic accident fact-finding report, a traffic accident occurrence report, each black stay images, field photographs, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Determination of type): General traffic accidents; Type 1 (Bodily Injury from Traffic Accidents); and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of recommendation) from April to October;

2. Determination of sentence: the degree of injury of victims is not severe, the fact that they are admitted to the taxi mutual aid association, and the fact that they are punished for the same kind of crime.

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