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(영문) 서울동부지방법원 2015.07.09 2015고단859
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

The defendant is a person who is engaged in driving a E-P car.

On February 25, 2015, the Defendant driving the above car at around 22:10 on February 25, 2015, and proceeding to the sular zone from the edge of the piling Island along one lane in front of Seongdong-gu Seoul Metropolitan Government.

In order to turn to the left at the private distance of the Dong-dong Elementary School, it was suspended.

However, since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to those engaged in driving service.

Nevertheless, the Defendant neglected to turn to the left on the straight signal by negligence in violation of the signal and got the victim G(56 years old) driving to the be on the right side of the said mae-car, the front side of the said mae-car, which was driven by the victim G(56 years old).

Ultimately, the Defendant suffered injury to the victim I (the 60-year-old age), who was on board the said taxi due to the above occupational negligence, such as cutting off the body of the part that was in need of treatment for about 12 weeks in detail, cutting down the body of the pelto, cutting down the body of the pelto, and opening the left-hand heat, etc., and suffered injury to the said victim G for about 10 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report;

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. The result of the injury suffered by the victims due to the instant traffic accident under Article 62(1) of the Criminal Act, and the victim G wanted to be punished by the severe punishment of the defendant. However, the defendant is a first offender who has no record of criminal punishment, and the automobile of this case is covered by the automobile comprehensive insurance, and the defendant is 2,50,000 won to the victim G as consolation money in the trial of the party.

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