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(영문) 서울중앙지방법원 2014.11.21 2014고단7195
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 is engaged in driving of the B rocketing taxi owned by the Korea-Pacific Partnership Co., Ltd.

On July 26, 2014, at around 02:55, the Defendant driven the above taxi and proceeded one lane between the two lanes of the 214-lane in Gwanak-gu, Seoul Special Metropolitan City at the speed of about 50 km from the Dom-ro to the Domcheon.

At the time of night, there was a crosswalk in which signal lights were installed at the front of the night, and at the same time, signal lights were yellowly destroyed. In such a case, there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by checking whether there was a person driving the motor vehicle, such as reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded without reducing speed in front of the crosswalk and caused the victim C, who crossed the marina crossing to the right-hand side from the left-hand side, to go beyond the ground by shocking the Defendant’s taxi head before the taxi, thereby causing injury to the victim, such as the cutting-off of the mouth, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. C’s statement;

1. Each photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances, such as the fact that the taxi is repented, the fact that there is no particular criminal history, and the fact that the taxi driven by the defendant is admitted to the mutual aid association);

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

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