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(영문) 서울중앙지방법원 2013.08.23 2013고단3847
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

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

On April 26, 2013, the Defendant driven the above taxi on April 26, 2013, and proceeded at approximately 50 km a speed of 50 km along the two-lane between the 104-119 Ansan-dong, Seongbuk-gu, Seoul.

Since it is an intersection with signal apparatus installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the victim D(the 44 years old) driver, who was under direct control in accordance with the new code, due to negligence of left turn to the straight signal while neglecting this, was driven by the driver in front of the cab of the defendant driving.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as light spawn in need of treatment for about three weeks, the injury to the victim FF (the age of 47) who was on a cab in D driving, the injury to the click blick blick, the click blick blick blick blick, the injury to the victim G (the age of 30) who was on a cab in the Defendant driving blick, and the injury to the click blick blick blick part on the right flick blick part, the right flick blick

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition of traffic accidents (1) (2);

1. Accident site and vehicle photograph;

1. Investigation report (Analysis of cabbox images);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

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, type 1 (the injury of traffic accident), and increased factors: None of the factors to be mitigated: A person not subject to punishment [the scope of recommendation] shall be sentenced to imprisonment without prison labor for not more than 6 months (the area of mitigation).

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