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(영문) 서울서부지방법원 2015.12.22 2015고단2046

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a small-type taxi B.

On January 30, 2015, the Defendant driven the above taxi on January 30, 2015, and turned to the left at a speed on the speed of Si speed from two lanes to four lanes in the direction of the two-lane in the direction of the two-lane.

At night, there was a cross-section at that time, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system

Nevertheless, the Defendant failed to discover the victim C (60 years of age) who crosses the road on the right side from the left side of the progress due to negligence in neglecting such duty of care, and received the part before the driver's seat of the taxi driving by the Defendant.

The Defendant, due to its shock, suffered bodily injury from the victim of the “influencies and influencies,” which requires approximately eight weeks of medical treatment, and caused the victim to suffer from an influent or incurable disease that makes normal dialogue and daily life impossible.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report or investigation report (related to the victim C's statement by telephone);

1. The application of each medical certificate, opinion, and opinion on serious injury to statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The basic area (in April to October) of the first category of traffic accident (in the case of special mitigation) (in the case of a victim), where there is considerable fault in the occurrence of traffic accident or the expansion of damage, and where there is a serious injury (in the case of a person under special mitigation), the victim's injury is more serious (in the case of a sentence), the victim's injury.

However, it is true that the defendant has mistakenly recognized and repented.