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(영문) 서울중앙지방법원 2014.04.11 2014고단1078
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing individual taxi.

On January 3, 2014, at around 5:00, the Defendant tried to turn to the left at the scopic distance from the scopic scopic of the district tax office, while driving the said taxi on the first-lane of 204, one-lane in front of the 204-lane, Seo-gu, Gangnam-gu, Seoul.

Since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents due to driving under signals.

Nevertheless, the Defendant neglected this and received the bicycle front portion of the victim D (V, 62 years old) who gets a bicycle on the left side of the taxi in accordance with the new subparagraph from the right side of the defendant's taxi driving direction to the left side of the taxi by negligence in the course of the business in violation of the signal.

The Defendant, by the above occupational negligence, posted a variety of cages that require approximately 8 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations, such as the fact that he/she repents off, has no criminal record of imprisonment without prison labor or heavier punishment, the fact that he/she has subscribed to a comprehensive motor vehicle insurance, and deposit one million won for the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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