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(영문) 서울북부지방법원 2013.06.20 2013고단754
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

On March 1, 2013, the Defendant driven the above taxi on March 11, 2011:25, and led the three-lane road in front of 546, Jung-gu, Seoul, Jung-gu, to the direction of the Jung-gu, Jung-gu, Seoul, to proceed at about 10km each hour according to one lane.

At this point, there was an intersection where a sign was installed to make a pedestrian signal pattern, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident from impeding the normal traffic of other motor vehicles by making the driver of the motor vehicle only when the pedestrian signal is sent to him.

Nevertheless, the Defendant neglected this and got the victim F (15 years old) who was driving by the victim D (38 years old) who was holding the intersection in accordance with the new subparagraph from the bend part of the e-wheeled vehicle operated by the victim D (38 years old) who was holding the intersection in the above e-mail, and got the victim F (15 years old) who was going over the above e-mail and was going over the e-mail.

As a result, the Defendant caused the victim D to suffer from the above occupational negligence, such as salt, tensions, etc. in need of treatment for about three weeks, and the victim F to the right-hand laps, which require treatment for about eight weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident in D, F and G;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The circumstances include: (a) the depth of the error under Article 62(1) of the Criminal Act is divided; (b) the victim agreed with the victim; and (c) the victim was admitted to a mutual aid agreement; and (d) the victim has no criminal record of probation

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