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(영문) 서울동부지방법원 2014.01.27 2013고단2980
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 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 of a taxi for the use of the CBS.

On October 3, 2013, the Defendant driven the above taxi on October 3, 2013, and led the two-lanes of the two-lanes in front of the hanok-dong, Seongdong-gu, Seoul to proceed from the Hannam-dong, Seongdong-gu, Seoul to the territorial intersection about 40km in speed, depending on two-lanes from the Hannam-do.

In this case, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle and to prevent accidents in advance by looking at the same attitude of other vehicles that are in progress on the signal lights and the left and right side.

Nevertheless, the Defendant neglected this and found the victim D (the age of 76) who was working on the right side of the taxi driving by the defendant late after leaving the bicycle on the left-hand side while the signal is changed to the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as a pelfa, lafa, laf, and tensions, which require treatment for about two months due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, internal investigation report (accident status and damage), traffic accident occurrence report, virtual vehicle photograph, scene photograph of the accident, medical certificate, investigation report (Submission, etc. of victim's statement and medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant, even before the suspension of execution due to the same crime, has violated again the signal, and the occurrence of the accident itself is highly negligent by the defendant, and the degree of damage to the victim is serious.

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