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(영문) 서울남부지방법원 2016.04.07 2015고단3429
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of 124C NAIE.

On June 14:00 on June 30, 2015, the Defendant driven the above Orabab, and continued the front road of the “D” department located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu to the 6th seat of the Dong community service center located in the new wind basin.

Since there is a large number of traffic users, a person engaged in driving service has a duty of care to live well in the surroundings, and to prevent accidents by safely driving.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor due to the negligence of the victim E (the age of 57) who was living in the place where the accident occurred as the front part of the above Obato.

As a result, the Defendant suffered injury to the victim by the above occupational negligence, 12 weeks of the need to give medical treatment, and 3 times of acute pressure pressure.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. On-site photographs of each accident;

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

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the basic area (from April to October) of the type of general traffic accident (no person subject to special sentencing).

2. Determination of sentence: Determination of sentence within the scope of the recommended sentence, comprehensively taking into account the favorable circumstances that the defendant has no record of criminal punishment in June of the credit cooperative, the relief of the victim at the scene of an accident, the partial payment of medical expenses, etc., the result of injury to the victim, the circumstances unfavorable to him/her, such as the fact that the full recovery of damage has not yet been made, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sexual behavior and environment

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