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(영문) 광주지방법원 2017.05.18 2017고단311
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives B rocketing taxi as his/her duties.

On December 18, 2016, at around 06:05, the Defendant driven the said taxi from the front shooting distance of the ice apartment apartment in the Seo-gu, Seo-gu, Gwangju, and driven from the west-gu, Seo-gu.

Since there is a long-distance intersection where traffic is controlled by signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely according to traffic signals.

Nevertheless, the Defendant neglected this and went to the Office of Education of Gwangju City in the future on the 21st page by negligence of entering the intersection in violation of traffic signals, even though it was a red signal.

C Launaly, part of the left side of the said taxi was moved into the front part of the said taxi and proceed as it is, and the victim D(64) who gets a traffic signal control pole installed on the right side of the direction of the operation was placed on the road of the said taxi and gets on the right side of the said taxi to receive approximately 10 weeks of treatment.

Accordingly, the Defendant suffered injury to the victim due to a traffic accident caused by the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic accident occurrence status prepared by E;

1. An initial operation plan at the scene of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. An accident scene photograph;

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) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the victim’s injury is serious is disadvantageous to the defendant.

However, the fact that the defendant reflects the crime, the other party vehicle has contributed to the expansion of damage by violating the signal signal, and the taxi of the defendant driver has joined the mutual aid association.

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