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(영문) 서울남부지방법원 2015.10.01 2015고단3021
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing other business purposes.

On May 20, 2015, the Defendant driven the above taxi on May 18:34, 2015, and driven the three-lanes of the 590 Asian medicine, Guro-gu Seoul, along the two-lanes from the Gu road to the new forest path.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to safely drive the lane and prevent accidents by driving it safely without breaking the center line.

Nevertheless, while neglecting this, the Defendant was negligent in driving the victim D(27 years old) driving along two lanes adjacent to the direction of the defendant's running, which led to the victim D(27 years old) who was driving along the two-lanes of the defendant's running.

Ultimately, the Defendant caused the victim to suffer injury, such as an injury to the left-hand body in need of approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing (the scope of recommendation) under Article 62(1) of the Criminal Act (i.e., joining a taxi mutual-aid and having been sentenced twice a fine) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (i.e., having only two times a fine]; there is no basic area (iv-month or October) [the sentence] [the decision of sentence] under Article 62(1) of the Act on the Suspension of Execution; and (ii) the sentence as ordered within the scope of recommendation,

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