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(영문) 서울중앙지방법원 2018.03.30 2017고단8839
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On July 17, 2017, at around 18:03, the Defendant came to turn to the left at about 32 km each hour according to the speed of 6-lanes in front of the west-gu Seoul Metropolitan Government Daedaedong-dong, from the shooting distance of the friendly apartment to the locking area.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the signal with a view to keeping the front door and the left and right of the motor vehicle in a safe way.

Nevertheless, even though the Defendant neglected this and instead changed the vehicle signal to the stop signal, the Defendant did not discover the victim C(68 tax) who was driving by the cross-section from the locking room to the cross-section of the cross-section by neglecting it and due to the negligence of leaving the cross-section and left the left, and instead did not find the daltobb, which was driving by the cross-section from the locking room, and received the victim's right-hand side by the left-hand side of the taxi.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence on the part of the above 8 week 4 extreme injuries, etc., which require approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of the Acts and subordinate statutes to the traffic accident report, investigation report (related to the verification of the details of the accident), taxi photographs, traffic accident photographs, traffic accident photographs, diagnosis certificates, and victim photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (the person subject to special mitigation) [including efforts to recover damage] / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the special law of the teaching sector is serious, or in cases of bad driving (the decision of sentence].

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