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(영문) 서울북부지방법원 2018.12.20 2018고단4533
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 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 rocketing taxi.

On August 3, 2018, the Defendant driven the above taxi around 00:15, and tried to make an internship in the direction of the distance of service from the direction of the insignia on the third lane of the third line of the front line of Dongdaemun-gu Seoul, Dongdaemun-do, Seoul.

Since there is a safety sign allowing a U-turn only at the time of the pedestrian signal, in such cases, a person engaged in driving service has a duty of care to enter the lane allowing a U-turn and to prevent the accident in advance by driving safely according to the U.S. code.

Nevertheless, the Defendant neglected to do so and received the front part of the Victim FF (37 tax) that was going on the second lane of Mamastal in the third lane without allowing the U.S., and received the front part of the Defendant’s taxi left side of the taxi.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as cutting off the right-hand pelle, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black booms CDs

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. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has a record of being punished as a traffic accident.

Although the defendant is a taxi article that should safely transport passengers, he/she is trying to make an illegal internship in violation of the tea line and signal, and has caused a traffic accident.

The victim's injury is also serious.

We decide to select a sentence of imprisonment without prison labor against the defendant.

The Defendant joined the taxi mutual aid association, and agreed to provide the victim with KRW 10 million.

The recommendation sentencing criteria for traffic crimes shall be set.

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