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(영문) 서울서부지방법원 2018.05.31 2018고단829

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above imprisonment without prison labor 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 is engaged in the duty of driving a rocketing taxi.

On February 5, 2018, at around 23:40, the Defendant driven the above vehicle on the front of the E hotel located in Mapo-gu Seoul, Mapo-gu, Seoul, and proceeded at about 60 km each other at a speed of 60 km from the side of the Mapo Bridge to the side of the Mapo River, with two lanes from the Mapo Riverside.

At the time, there was a duty of care to safely drive the driver according to the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and caused the victim to go left from the opposite direction of the Defendant when he was by negligence in violation of the signal while the vehicle driving signal was stopped, by taking the front part of the GCA 110 V motor bicycle driving by the Defendant as the front part of the GCA 110V bicycle driving in the opposite direction of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the body of the franchisium in the left-hand ske, which requires approximately 11 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Normal circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A hazard vehicle is insured by the mutual aid association, and the Defendant agreed with the victim.

o Unfavorable circumstances: the degree of fault of the defendant and the degree of damage suffered by the victim are not easy.

The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the age, sex, environment, etc. of the defendant in the same condition as o or more.