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(영문) 서울북부지방법원 2018.01.18 2017고단5009

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 7, 2017, around 04:30 on September 7, 2017, the Defendant was driving a DK7 taxi in front of the Seoul Northern-gu Seoul Northern-gu, and was driving in the direction of the windowing in the direction of the arche distance.

At the time, the center line of yellow solid lines was installed, and thus, the driver was prohibited from being a U.S., so there was a duty of care to observe the tea in the driver's service and to prevent the accident by driving the U.S. at a place where the U.S. is permitted.

Nevertheless, the Defendant neglected this and got the front portion of FS Q125 Oba, which is driven by the victim E (the aged 50) driving in the direction of the U.S. in the direction of the opposite direction of the Defendant’s road as the front part of the said car, due to the negligence of driving the central line in U.S. as a U.S. driver.

Ultimately, the Defendant suffered approximately 12 weeks of high-ranking high-ranking high-ranking senior executives and employees who need approximately 12 weeks of treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Investigation report (Investigation of black boxes);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Act on the Suspension of Execution provides that “The negligence of causing a traffic accident while making an internship in line with the central line of reasons for sentencing under Article 62(1) of the Criminal Act, the victim’s injury is less than that of causing a traffic accident, the elderly, there is no criminal punishment except for punishment once by a fine in 195, the victim is also at fault causing an accident that goes through the intersection by violating the signal, the damage is scheduled to be recovered due to being admitted to the taxi mutual aid association, and the scope of recommendations set forth in the sentencing guidelines for traffic crimes (the victim is also at fault of causing a traffic accident or expanding damage).”