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(영문) 서울북부지방법원 2016.05.26 2016고단755
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On December 13, 2015, the Defendant driven the above taxi on December 13, 2015, and led the road of two lanes in front of the E convenience point in Seongbuk-gu Seoul Metropolitan Government D to proceed at a speed of about 70km per hour from the direction of the beam.

At the time, commercial buildings are frequently located in and around the same place, so there is a duty of care to check whether a person engaged in driving a motor vehicle is a person who is engaged in driving a motor vehicle and has a duty of care to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and proceeded without living well, and caused the victim F, who crosses the road to the right side from the left side of the taxi in front of the above taxi, to the right side of the taxi.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, while suffering from an injury to the victim, such as blood transfusion, which requires at least 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

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

1. Taking into account the following factors: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act concerning criminal facts; the scope of recommended punishment based on the sentencing guidelines for traffic crimes on the grounds of sentencing; the taxi driving by the defendant is admitted to the taxi mutual aid association; the occurrence of the instant accident, the victim's negligence crossing the road without permission on the new wall, but the degree of damage is very serious;

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