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(영문) 서울북부지방법원 2020.03.12 2019고단4232
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 B rocketing taxi.

On August 28, 2019, at around 23:45, the Defendant driven the above taxi at the front intersection of the 57 Nowon-gu, Seoul Special Metropolitan City Nowon-gu, 243 Nowon-gu, to turn to the left from the right side of the west.

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

Nevertheless, when the Defendant neglected this and neglected to turn left on the right signal, the Defendant was driven by the victim C(39 years of age) driving from the right side of the taxi driving in accordance with the signals to the port from the right side of the instant taxi driving direction, and received the front part of the Dao-bon driving from the front part of the said taxi.

In the end, the Defendant suffered injury, such as 'Woo-man', 'Woo-man', 'Woo-man', which requires approximately eight weeks of medical treatment, from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (on-site investigation report) (1) (2);

1. C's statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the general traffic accident [Type 1] there is no person causing a traffic accident [the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment], the basic area of the traffic accident [the scope of the recommended area and the recommended punishment], and the victim's injury for four months to one year [the general person], but the defendant has no criminal record of the same kind, and the driving of the motor vehicle was subscribed for the comprehensive motor vehicle.

3. Determination of sentence: Four months of imprisonment without prison labor and one year of suspended execution;

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