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(영문) 서울남부지방법원 2015.03.19 2015고단298
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 taxi driving by borrowing B.

On November 13, 2014, at around 22:40, the Defendant came to turn to the left at a speed from the first lane of the two-lanes in the direction of the Do from the southwest on the side of the mountain in the southwest market, the intersection in front of the Donsan-ro 232 Donsan-ro, Geumcheon-gu, Seoul.

Since the place is an intersection where a signal light and a left left-hand turn sign is installed, a person engaged in the driving of the motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and got the front of the victim C(59 years old)'s bicycle driving in the opposite direction, which was going to a stop signal at two-lanes from the opposite direction by the negligence that is going to the left to the left at the stop signal, in front of the taxi operated by the defendant.

Ultimately, the Defendant suffered injury to the victim C, such as a cage cage cage, which requires at least nine weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates and copies of general medical certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The basic area of the first type of traffic accident [No person with a special punishment] [Decision of sentence] [Judgment of sentence] in light of the defendant's negligence and degree of damage, etc., the criminal liability is heavy. However, the defendant's recognition and reflects the crime, the vehicle of the defendant's driving is covered by the comprehensive insurance, the victim has been negligent in getting a bicycle on a stop signal, the defendant has no record of criminal punishment after 200, and the defendant's age, character and conduct, environment, and circumstances after the crime are etc.

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