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(영문) 서울서부지방법원 2019.02.21 2018고단3277
교통사고처리특례법위반(치상)
Text

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

However, 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 B rocketing taxi.

On September 1, 2018, the Defendant driven the above taxi on September 19:23, 2018, and continued to drive the three-lane road at the intersection of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, by turning the three-lane road from the intersection to the intersection of the Seoul Metropolitan City, about 40km each hour, along two-lanes.

At the time, a signal, etc. is installed at night and at all times, so in such cases, the driver had a duty of care to prevent accidents in advance by reducing the speed and safely driving on the front and the right and the right according to the new subparagraph.

Nevertheless, the Defendant neglected this and got off the right side part of the GCA 110V motorcycle, which was driven by the victim F (the age of 20) who was driving the Madern intersection from the right side to the E-school due to the negligence of the Defendant’s failure in driving the Madern intersection from the right side of the said taxi.

Ultimately, the Defendant suffered approximately 14 weeks of medical treatment from the victim’s negligence on the part of the above occupational negligence, i.e., the right pelle and the pelle executives.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. F’s statement on the occurrence of traffic accidents;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act, including the fact that the degree of negligence of the accused and the degree of injury of the victim, but also the fact that the damaged vehicle is insured by the Financial Cooperative

1. Social service order under Article 62-2 of the Criminal Act;

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