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(영문) 서울중앙지방법원 2018.02.21 2017고단8240
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 August 20, 2017, at around 23:40, the Defendant, as the new distribution of Seocho-gu Seoul Metropolitan Government, proceeded with the underground vehicular road of 23:41-gil, letter Do, from the large bank of distribution to the large bank of distribution, at an insular speed.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, the Defendant neglected to do so and received the part of the front part of the car in front of the si in front of the si, which was driven by the victim E (30 Do) who was normally going on the opposite lane due to the negligence going beyond the median line.

Ultimately, the Defendant caused the injury to the victim E who driven a car in the above fluora due to the above occupational negligence, such as the impairment of 2 feet for about six weeks of treatment, and the injury to the victim G (V, 42 years of age) who gets a passenger of the above fluora operated by the Defendant due to approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of each traffic accident;

1. Eight vehicle photographs and photographs, four investigative reports (survey of the place in which the accident occurred), and four copies of a photograph on the scene of the accident;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant recognized the crime and reflects it, that there is no particular criminal record except for the previous minor fine, and that damage can be recovered to some extent due to being admitted to the taxi mutual aid association.

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