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(영문) 부산지방법원 동부지원 2013.10.01 2013고단2269
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 operation of B rocketing taxi.

On May 31, 2013, the Defendant driven the above vehicle on May 31, 2013, while driving the vehicle along the direction of the KBS Broadcasting Station located in the Namcheon-dong, Busan, according to two-lanes from the jurisdiction of the Suwon-gu.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by reducing speed as a defendant engaged in driving service, checking whether there is a vehicle travelling along the intersection by towing the front side, and driving safely by observing the traffic signal.

Nevertheless, the defendant neglected this and proceeded as it was, while the driving signal prior to the entry into the intersection was changed to yellow signal, and the driving part of the victim C's driving which was proceeded in in violation of the signal from the right side of the defendant's running direction to the left side was collisioned with the front part of the defendant's vehicle.

As a result, the defendant suffered injury to the victim's body body felball together with a non-felball that needs to be treated for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C's accident explanatory note;

1. A traffic accident report;

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

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 (including the fact that a vehicle is subscribed to mutual aid, the fact that there is no particular criminal power, and the fact that a mistake is recognized);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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