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(영문) 서울동부지방법원 2016.07.20 2016고단1529
교통사고처리특례법위반
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 the duty of driving K5 taxis.

On November 1, 2015, around 19:30 on November 1, 2015, the Defendant was driving the said taxi at the D parking lot located in Songpa-gu Seoul Metropolitan Government, and came to turn to the left and left.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and went beyond the victim E (59) who was walking on the left-hand side of the said taxi due to negligence.

Ultimately, the Defendant caused the victim to suffer injury, etc. due to the above occupational negligence, and caused the victim to suffer injury, etc., and caused the victim to suffer loss of hearing ability, trouble in recognition behavior, etc., in the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of traffic accident occurrence status prepared by E;

1. A letter of apology;

1. Requesting cooperation in investigation;

1. A written opinion and a medical certificate;

1. Application of statutes on field photographs;

1. Article 3(1) and Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] The special aggravated person in the aggravated area ( August - 1) of the first type of traffic accident (the injury caused by traffic accidents): In the case of serious injury (the decision of sentence] in which the injured person suffered serious injury, the injured person was unable to receive a letter from the injured person, and the accused was sentenced to severe punishment. However, there was no record of punishment heavier than the fine, and there was no record of punishment more severe than the fine, and after 2001, there was no history of punishment, the defendant was divided in depth of the crime, and the age and occupation of the accused.

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