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(영문) 의정부지방법원 2014.03.20 2014고단18
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

Criminal facts

The defendant is a person who is engaged in driving of BM5 taxis.

On December 14, 2013, around 23:15, the Defendant proceeded directly with the three-lanes of the 440-lanes in front of the Mali-si, Mali-si, Mali-si, Mali-si, Mali-si, Mali-si, and continued to turn to the left at the front of the first apartment at the intersection.

The location was a three-lane intersection where signal lights are installed, so in such a case, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to the driver of the vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the above signal at the above three-lanes, and conflict with the front part of the DNA which the victim C(the age of 16) driven by the victim C(the age of 16) driving in the direction of the shot (the age of 16).

As a result, the Defendant suffered injury, such as the sofashion of the body, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report and traffic accident occurrence report;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Type 1 of General Traffic Accidents (Aggravated Injury resulting from Traffic Accidents) - The mitigated element: [Determination of the recommended sphere] / [Determination of the recommended sphere] one month to six months [the scope of the recommendation sphere] / One month to six months [the general person] mitigation element: the purchase of comprehensive motor vehicle insurance, serious reflectness, no history of criminal punishment - Aggravation element: occurrence of serious injury not serious injury, and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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