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(영문) 서울북부지방법원 2019.01.24 2018고단4677
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 22, 2018, the Defendant driven the above taxi on September 22, 2018, and proceeded along three-lanes of the road in the front of Dongdaemun-gu Seoul Metropolitan Government C along the three-lanes from the red spon-distance flooding area to the high spon-distance flooding area, and led the U.S. to proceed to the opposite line.

At that time, since there is a road where the center line of yellow-ray is installed, a person engaged in driving a motor vehicle shall not drive the center line for the person engaged in driving the motor vehicle, and there was a duty of care to prevent accidents in advance by safely making a U-turn at the permissible point of U-turn.

Nevertheless, the Defendant neglected this and hereded the center line and proceeded on the opposite lane due to the negligence of the interning the center line, and hereded the front part of the victim D (D and 41) driving on the opposite lane, with the front part of the taxi in front of the taxi right of the Defendant.

As a result, the Defendant suffered injury to the victim, such as abandonment of the left-hand 12 weeks of medical treatment, and the pelle of non-standing executives, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

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

1. Article 3 (1) and Article 3 (2) (proviso) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] Article 62-2 of the Order to Attend a lecture (the scope of recommending punishment] There is no basic area (four to one year) of the first type of traffic accident (the injury of traffic accident) [the decision of sentence] [the defendant intentionally invadedd the central line and caused the instant traffic accident. The accident occurred because it does not properly examine whether a vehicle passed along the opposite lane.

The victim has been significantly injured, and .

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