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(영문) 서울중앙지방법원 2016.01.13 2015고단6542
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing taxi.

At around September 13:15, 2015, the Defendant directed towards the arnas hotel shooting distance from the far distance from the Seoul Customshouse to the arnas hotel shooting distance in Gangnam-gu, Seoul, the main point of which is 601.

Since a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the Defendant neglected this and caused injury to the victim D (33 ) who had left the intersection in accordance with the signals due to the negligence going against the signal while driving in the opposite direction, by taking the side part of the E-wheeled vehicle driven by the victim Do (33 ) which was driven by the victim, as the front part of the said E-wheeled taxi, and taking about about 16 weeks of medical treatment to the victim, such as “damage to the e-mail leg, the lower part,” which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (only when the victim is serious, but also when the victim has been on the right side from the left side of the defendant Kuchip direction in violation of the signal, the occurrence of the traffic accident or the expansion of damage has been negligent in causing the traffic accident or expanding damage to the victim, joining the taxi mutual aid association, and the defendant is aged and is responsible for the sick care of the spouse being hospitalized in Grade 2 due to the delayed disability).

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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