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(영문) 서울서부지방법원 2016.05.31 2016고단27
교통사고처리특례법위반
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CK5 car owned by the corporation B.

On November 24, 2015, the Defendant driven the above vehicle with the victim D in the back space, and driven the two-lanes of the 170 Embriwon Underground Road, as in the Yongsan-gu Seoul Special Metropolitan City Green City Green Cross, at a speed of about 70km per hour, depending on one lane in the direction of the 3rd tunnel from the direction of the distribution intersection.

At the time, a new wall is a two-way road repair work, and all vehicles have a warning sign to proceed one lane on the center side. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle along the front left right and the right and the right and the right and the right and the right and the right and the right and the right and the right are exercised.

Nevertheless, the Defendant neglected this and went along the yellow center line of the road along the opposite lane, and was driven by the victim E along the opposite lane, and received the front part of the F rocketing vehicle driven by the victim E as the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim E during approximately eight weeks of medical treatment due to the above occupational negligence, and at the same time suffered from the victim D about four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. The actual investigation report on traffic accidents;

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

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “construent circumstances”) is that the defendant was negligent in driving a taxi while driving the taxi, and the degree of injury to the victims is equivalent thereto.

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