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(영문) 서울서부지방법원 2017.01.05 2016고단3459
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 19, 2016, the Defendant driven the above taxi on October 17:00, and proceeded with the front road of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu along the three-lanes of the Cheongmpung-dong as the Cheongmpung-dong, Jung-gu, Seoul, with the three-lanes of the Cheongmpung-dong.

Since a signal light and a U.S. sign are installed, the defendant engaged in driving service has a duty of care to prevent accidents by safely keeping the front door and the left and right, while the defendant engaged in driving service has a duty of care to prevent accidents by safely keeping the U.S. intern in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the FF car driven by the victim E (the 42 years old) who was driven by the victim E (the 42 years old) in the same direction as the Defendant due to negligence in violation of the direction of the sign prohibiting the U.S., on the left side of the taxi driven by the Defendant.

Defendant 1 suffered injury to the above victim, such as mination of the right flusing executives in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] who is not subject to punishment [the defendant] is not subject to punishment in that the defendant caused an accident that his/her internships in a place where U.S. is not allowed, and that the result of the injury inflicted on the victim is relatively heavy.

However, the defendant's mistake is divided, and the injured party agrees with the victim and the injured party is against the defendant.

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