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(영문) 제주지방법원 2016.11.03 2016고단1887
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

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

On August 14, 2016, at around 18:10 on August 14, 2016, the Defendant driving the above taxi and driving the three-lane road in front of the Nowon-gu Seoul Metropolitan City Nowon-do at Jeju along the direction of the apartment of Nowon-gu Empis in accordance with the direction of the apartment of Nowon-gu Empis.

The right turn to the left in the direction of the apartment of "Nom-type apartment".

There are two crossings where traffic is controlled by signal apparatus, and crosswalks are installed on the front side. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal, while checking whether there is a person who renders a vehicle driving service by reducing speed and checking the right and the right of the road well.

Nevertheless, even if the defendant neglected this and did not turn to the left without making a left turn turn, the defendant was found to have taken the right side from the left side of the direction of the defendant's proceeding to the right side of the victim D(62 years of age) in front of the left side of the taxi where the defendant drives the chest of the victim D(62 years of age) and the front side.

In the end, the Defendant suffered from the injury of duplicities that invadedd four or more cupages in need of approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on internal history (Scambling Images Confirmation), C vehicle boxling images, and CDs;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations on the sentencing criteria (the scope of recommendations) shall be the type one of general traffic accidents;

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