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(영문) 서울북부지방법원 2012.09.20 2012고단1405
교통사고처리특례법위반
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 engaging in driving a rocketing taxi.

On January 27, 2012, the Defendant driving the above vehicle at around 03:00, and driving the front road of 489-7, Jung-gu, Seoul, Jung-gu, Seoul, along the two-lanes from the telecom basin to the telecom basin, the Defendant caused a serious injury that caused the victim C (the age of 18) who is proceeding to the right side on the left side of the vehicle in which the Defendant is operating the Mabaee House due to occupational negligence by neglecting the 60km between the two-lanes and the two-lanes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. The statement of the defendant (the evidence record of 44 pages);

1. A traffic accident report;

1. Medical certificate (Evidence of 20 pages);

1. Determination as to the defendant's assertion of each investigation report

1. The Defendant asserts that the instant traffic accident does not result from the Defendant’s negligence, and thus does not support the criminal liability for causing occupational injury.

2. According to each evidence duly adopted and investigated by this court, at the time of the accident in this case, it can be known that, as at the time of the accident in this case, the defendant's driver's vehicle was installed adjacent to one bus platform, which is a bus-only bus-only bus vehicle at the front line, it was not a situation that could not anticipate the emergence of pedestrians crossing the road. The defendant could avoid a collision by taking a brake action after finding the victim if it was a normal road condition in this court. However, the defendant stated that the feasium feasium was a ice feassium at the time of the accident, because the ice feassium was in a state where ice

In light of these circumstances, the instant traffic accident is due to the negligence of the defendant who neglected the driver's duty of care, such as the front-time driver.

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