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(영문) 서울중앙지방법원 2014.01.24 2013고단7866
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

On November 8, 2013, at around 05:37, the Defendant: (a) driven a B taxi and proceeded along the third line road of 114-1 in the middle-gu Seoul Jung-gu, Heung-gu, Seoul with a view to the outflow of the said three-lanes; (b) had a crosswalk installed in the Hanyang-gu, Hanyang-dong; (c) and (d) had a right road at the front of the said road; (c) despite the duty of care to safely drive the taxi while checking whether there is a person who has a right to drive the taxi by reducing speed and checking the right and the right and the right and the right and the right and the duty of care to safely drive the taxi, the Defendant failed to discover the victim C (43 years and (n) who was moving on the left side of the crosswalk, and caused the victim to go beyond the road with the front part of the taxi driven by the Defendant, thereby causing an injury to the victim, which requires approximately 8 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Entry of the traffic accident report;

1. Descriptions of a medical certificate;

1. Application of each video statute of motion picture images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence for the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury by traffic accidents (type 1] (Scope of the recommended sentence] 4 months without prison labor, April - October (basic area);

2. The fact that the degree of injury of the victim who has been sentenced to punishment is serious, that the vehicle being driven by the accused is subscribed to the Financial Cooperative, that there is no criminal power except for the punishment of a fine for a crime of this kind, and that the accused is against the confession of the crime; and

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