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(영문) 서울서부지방법원 2020.09.10 2020고단813

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On January 21, 2020, the Defendant driven the above taxi on January 21, 2020, and driven the two-lanes of the two-lanes in front of the intersection of Eunpyeong-gu Seoul Metropolitan Government 09:40, in accordance with the direction of the Maamo-distance.

Since there is an intersection where signal lights are installed at a front door, in such a case, the driver of the motor vehicle has a duty of care to reduce the speed for the person engaged in driving the motor vehicle and to confirm whether there is a motor vehicle passing through the intersection by checking the safety according to the traffic signal, and to prevent the accident by driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and went to the left from the opposite direction due to the negligence of disregarding and proceeding the vehicle's moving signal on the red signal, and the victim E (53 years old) driven by the victim E (53 years old) who was driving in the direction of D apartment in accordance with the left turn turn from the direction of the opposite direction, received the right side part of the F CB15Dnoba which was driven by the Defendant's driver taxi.

After all, the Defendant suffered injury to the victim, such as a 12-day fluoral aggregate, in need of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Each written diagnosis;

1. A traffic accident report (1), 2 (2);

1. Application of the laws and subordinate statutes to Category C of the Gabbbling Images

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Sentence;