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(영문) 서울동부지방법원 2014.09.17 2014고단2236
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 ㈜윈드밀고속관광 소유의 B 이-카운티 승합차량을 업무로 운전하는 사람이다.

On April 8, 2014, at around 21:25, the Defendant continued the front road of 145, Gangdong-gu Seoul Metropolitan Government, Seoul, at the speed of about 10 K km, depending on the one-lane between the first two-lane in the direction of the petition chill apartment at the veterans hospital.

Since signal lights are installed and traffic control signs are installed to the left-hand turn, driver has a duty of care to prevent accidents by driving safely according to the new code.

Nevertheless, the defendant neglected this and caused a pedestrian C (45 years of age and female) who walked to the left from the right side of the right side of the motor vehicle driving by the defendant to go beyond the upper part of the driver's seat in front of the motor vehicle, and continued to go beyond the wheels of the driver's seat.

The Defendant suffered, due to the above occupational negligence, the injury to the victim’s upper part of the upper part of the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, the upper part of the body, and the damage to the body, and the lower part

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] The basic area (four to ten months) of the first type of traffic accident (the injury caused by traffic accidents) [the decision of sentence] of the defendant, in violation of the signal, shocks the victim, and the victim's serious punishment.

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