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(영문) 서울북부지방법원 2016.02.18 2015고단4516
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 driving a cab.

On September 12, 2015, the Defendant, around 05:03, proceeded with a road of one lane in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at the middle school from the long distance of the National Bank, to the middle school from the middle school from the middle school from the middle school from the long distance of the National Bank, the Defendant proceeded with about 62 km each hour.

At night, the location is 30 km in children's protection zones, so there was a duty of care to prevent accidents in advance by safely driving a vehicle driving by reducing the speed and checking well.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed without reducing speed, and found the Victim F (F) who was crossing the right from the left side of the taxi on the left side of the Defendant’s taxi from the front side of the taxi, and did not avoid it, and the Defendant did not go beyond the ground by taking the bridge of the said Victim on the front of the taxi of the Defendant.

Ultimately, the Defendant suffered serious injury to the victim, such as less than the victim’s injury due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the occurrence of a traffic accident, on-site photographs of the accident, and photographic images of the black booms images, and black cadic images;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a investigation report (to check the speed immediately before an accident in the operating record system of a suspected vehicle, and to check the state of victim F);

1. Relevant legal provisions concerning criminal facts, 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 (Selection of Imprisonment without prison labor)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] and the scope of the ordinary traffic accident [the scope of the recommended punishment] and the scope of the mitigated punishment (one to six months) (special mitigation (special mitigation)] in the area of mitigation (including a serious effort to recover damage) and the victim committed considerable negligence in the occurrence of traffic accident or the expansion of damage.

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