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(영문) 서울중앙지방법원 2015.11.27 2015고단5443
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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

The defendant is a person who is engaged in the business of driving a three-dimensional bus.

Around 18:00 on May 7, 2015, the Defendant driven the above vehicle, and proceeded at a speed of about 5 km as soon as possible from the border of the border road to the intersection of the low-speed green intersection, with four-lanes at the entrance speed of the 112 Bora Park, the entrance side of the Gandong Park, Seoul, Dongjak-gu, Seoul.

Since there is a cross-section with signal apparatus, there was a duty of care for those engaged in driving service to drive safely according to the signals.

Nevertheless, the Defendant neglected this and found the E-to-be driven by the victim D(the age of 17) under the new subparagraph on a right-hand left-hand road due to the negligence in violation of the right-hand turn signal, and operated rapidly to avoid this, but did not avoid it, and received the above O-to-be in front of the bus operated by the Defendant.

The Defendant suffered from the Defendant’s occupational negligence on the part of the Defendant’s bodily injury, i.e., cutting the head of the mouth in the mouth, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A traffic accident report;

1. Each photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that the person concerned is under the suspension of execution, the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment, the fact that the bus operated by the defendant is covered by a comprehensive insurance, and deposit two million won

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

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