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(영문) 서울서부지방법원 2016.06.21 2016고단1152
교통사고처리특례법위반
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 who is engaged in the duty of driving B rocketing taxi.

On March 12, 2016, the Defendant driving the above taxi on March 12, 2016, and driving the road in front of Mapo-gu Seoul Metropolitan Government along two-lanes in the direction of Sungsan 2 educational direction from the upper rocks distance room. At night, and the crosswalk was installed in the front section, so in such a case, the Defendant was obliged to pay a duty of care to prevent accidents by checking whether there is a pedestrian who gets on the front section and the front section of the road.

Nevertheless, while the defendant neglected to do so, he did not discover the victim D (47 tax) who was a victim's walked on the right side from the left side of the direction of the defendant's proceeding, and did not match the victim's bridge part with the front part of the defendant's taxi.

As a result, the Defendant suffered injury to the victim by the above occupational negligence, such as a 12-day table fright franchising, the right franchising franchising, the right franchising franchising, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

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

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Class 1 (Bodily Injury by Traffic Accidents) [1-6 months] [the person subject to special mitigation] [including efforts to recover damage] the crime of this case is disadvantageous to the following: (a) the crime of this case was committed in a manner that causes bodily injury to pedestrians who have dried the crosswalk; (b) the crime of this case was bad to the quality of the crime; (c) the crime was committed for a long time, but there was a history of having been punished for suspended sentence due to the same kind of crime.

(b).

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