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(영문) 서울북부지방법원 2014.12.23 2014고단4110
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

On October 05, 2014, the Defendant driven a rocketing taxi as B on duty around 09:20 on the 09:20th day of October, 2014, and turned to the left in the direction of drinking a water station in the river basin, while driving the front road of 38-lane in the Nowon-gu Seoul Metropolitan Government Nowon-gu along one lane in the direction of similar distance from the surface of the mine shooting distance.

At all times, the intersection is a section where the left turn is permitted to the vehicle red signal, and in such cases, the person engaged in driving service has a duty of care to prevent the accident by proceeding in accordance with the signal and instruction.

Nevertheless, the Defendant neglected this and got the victim C (the 51 years old, 51 years old, China's nationality) who gets a bicycle or crosswalk on the left side from the right side of the defendant's running direction, and went beyond the ground by going beyond the ground.

The Defendant suffered from the Defendant’s negligence in the course of performing such occupational duties, such as pressure duplicating 1 and 2 conjections, which require approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended sentence on the sentencing guidelines / [type] traffic crimes, general traffic accidents, injury by traffic accidents (type 1): Reduction factors: Penalty not [the scope of the recommended sentence] - June (Mitigation).

3. The defendant who was sentenced to the sentence of sentence was driving a taxi in violation of the new subparagraph, causing the instant accident to be serious to the victim.

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