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(영문) 서울중앙지방법원 2014.04.11 2014고단432
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 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 driving a taxi for CYF stations or other business purposes.

On November 18, 2013, around 14:20 on November 18, 2013, the Defendant changed the car line in order to make a Uton while driving the road in front of 738-27, Gangnam-gu, Seoul, Seoul, with the remote distance of the district tax office located in the basin of the river basin and driving the road along one lane among the three-lanes.

Since there is a safety zone where entry is prohibited, in such cases, a person engaged in driving service has a duty of care to avoid changing the lanes by entering the safety zone or passing through the safety zone.

Nevertheless, the defendant neglected this and did not discover the victim D(63) who passed the above safety zone while crossing the safety zone from the right side on the front side of the defendant, which was due to the negligence of the defendant's failure to enter the safety zone where entry is prohibited, and had the victim go beyond the road by shocking the part of the defendant's taxi right side.

As a result, the Defendant suffered injury to the victim, such as the cutting of a ducts to the right satisfy, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Considering the circumstances, such as the fact that the defendant reflects his mistake and has no record of punishment for the same kind of crime, the damage seems to be considerably recovered from the insurance, the victim wishes to take a preference against the defendant, and the victim has a fault that the victim was undissured

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