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(영문) 춘천지방법원 원주지원 2013.05.21 2012고단595
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a taxi for business purposes D.

On February 14, 2012, the Defendant driven the above taxi on February 20:25, 2012, and led to the flow of the Habart intersection in the Habang-dong of the Kug-si, Nowon-si, to the Halle Medical Center from the Plll side along three-lanes.

Since there is an intersection where crosswalk and signal apparatus are installed, the defendant engaged in driving of the motor vehicle has a duty of care to live well on the front side and drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded at a rapid speed without stopping a vehicle signal in violation of the signal, and caused an injury to the victim, such as a bridge, in which the victim E (the age of 58) who dried the crosswalk in accordance with the pedestrian signals, was shocked with the front part of the above taxi, and caused the victim to undergo a 11-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Application of Acts and subordinate statutes (No. 12 No. 12 of the evidence list of prosecutors);

1. Article 3 (1), the proviso to Article 3 (2) 1, Article 268 of the Criminal Act concerning facts constituting an offense, Article 3 (1) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of

1. Judgment on the main issue of Article 62(1) of the Criminal Act

1. At the time of the instant case, the Defendant and his defense counsel asserted that the Defendant, while proceeding with the vehicle signal under a green name, only shocked the victim without permission, and did not constitute a violation of the signal.

2. 판단 이 법원이 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음과 같은 사정, 즉 ① ㉠ 피해자인 E은 일관되게 사고 당시 보행자 신호에 따라 횡단보도를 건너고 있었다는 취지로 진술하였으며, ㉡ 목격자인 F, G도 당시 “쾅” 소리가 나서 사고 현장을 보니 횡단보도 보행자 신호등에 녹색 점멸등이 깜빡거리고...

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