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(영문) 서울중앙지방법원 2013.05.10 2013고단1788
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 10, 2012, the Defendant driven the above taxi on August 04:20, and had the front side of the mountain apartment located in Seongbuk-gu Seoul Metropolitan Government 780 from the 780-lane to the front side of the clean water course and applied the direction direction, etc. to the front side of the victim C (the age of 45) driving, followed by the Defendant’s negligence in the course of business, which did not turn back to the front side of the front side of the clean water course and did not turn over the direction direction, etc., while driving the front side of the mountain apartment located in Seongbuk-gu Seoul Metropolitan Government 780 from the direction of the clean water course to the front side of the road of the first line of Don-do 1st.

As a result, the Defendant suffered from serious injury, such as the blood transfusion, ductal flavating, the ductal blavating, the blavating, the blavating, etc., from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A survey report on actual condition (1,2);

1. Making a report on investigation (determination of a vehicle involved in traffic accidents);

1. Comprehensive traffic accident analysis reports;

1. Each medical certificate and opinion;

1. Reporting on investigation (whether a victim is seriously injured);

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

1. Relevant Article 3 (1), the proviso to Article 4 (1) 2, and Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1) and Article 4 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the decision of a sentence] traffic crime, general traffic accident, and type 1 (the injury of a traffic accident): In the event of serious injury: pertinent mitigation element: serious efforts to recover from damage (where the victim is unable to express his/her intention not to punish because his/her consciousness is unknown, but the defendant simply agreed with his/her wife and the victim as mitigation element] / April - 10 (the decision of a sentence in basic sphere) - October (the decision of a sentence in basic sphere) of the Criminal Act; however, there are unfavorable circumstances, such as the defendant's awareness of the crime and his/her mistake are seriously against the victim, and the defendant is fined three times.

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