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(영문) 창원지방법원 마산지원 2015.11.03 2015고단768
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi in Orusus.

On June 8, 2015, the Defendant driven the above taxi on June 19, 2015, and led the two-lanes of the two-lanes in front of the intersection of the monthly square of Yongsan-gu, Changwon-si, Changwon-si, Chungcheongnamnam National University to turn to the right at the Msan Middle-gu Police Station and the Sinsan-si Hospital.

The location is the intersection where signal, etc. is installed, and the front direction signal of the defendant was yellow signal at the time, so the driver had a duty of care to stop immediately before the intersection.

Nevertheless, the Defendant neglected this and neglected to change the front line to yellow signal from the right and left, and the victim C (19 years of age) who was straighted in violation of the signal on the road facing the error of left turn to the right and left turn from the yellow signal, received the front part of the front part of the driver’s license as the front part of the taxi.

As a result, the Defendant suffered injury to the victim, such as “afford the end of the upper part of the upper part,” which requires approximately 16 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A traffic accident report;

1. Each photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The degree of damage on the grounds of sentencing under Article 62-2 of the Criminal Act is more severe, and not agreed with the victim. However, the sentence as ordered shall be determined by taking into account the following factors: (a) the defendant repents his mistake; (b) there is considerable negligence for the victim; (c) the victim is admitted to the Financial Cooperative; (d) the primary offender; and (e) the defendant's age, character and conduct, character and environment; (e) the motive and circumstance of the instant crime; and (e)

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