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(영문) 서울동부지방법원 2015.06.11 2014고단2750
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing taxi.

On April 19, 2014, the Defendant, at around 08:50, has a duty of care to live well in the front of the ecele-distance 249-5, Gwangjin-gu, Seoul Special Metropolitan City, at a speed of about 50 to 60km each other depending on the speed of about 50 to 60km each other among the 4-lanes of the Gun-do roads from the Myeongdo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Nevertheless, the Defendant neglected this and caused the collision of the E-motor bicycle driven by the victim D(39 years of age) crossinging along the pedestrian signal of the crosswalk in the left side of the defendant's direction when he was negligent in driving ahead of the red stop signal on the front side of the front side of the taxi.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence during about 14 weeks, i.e., an injury, such as a breathing breath on each side of the 4th century, and injury to the victim F (n, 35 years old), who was on board a taxi, due to cryposis, requiring approximately 1 week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that although the result of the injury inflicted by the victim D due to the instant traffic accident is serious, the above victim wanted to be punished by severe punishment of the defendant, the defendant does not have any criminal record exceeding the same criminal record or fine, and the cab of this case is insured by the comprehensive motor vehicle insurance (the insurer is 23,800,000 won

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