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(영문) 서울동부지방법원 2018.07.12 2018고단1703
교통사고처리특례법위반(치상)
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 driving of B-si.

On February 3, 2018, the Defendant driven the above taxi around 14:00, and led the road of 3 lanes in front of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, to proceed at about 41km in speed, depending on the two-lanes, from the back side of the ancientdong.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a person engaged in driving service while complying with the signal.

Nevertheless, by neglecting this, the Defendant was negligent in driving the vehicle, and by neglecting and proceeding the vehicle driving signal while being stopped, the Defendant received the front part of the instant taxi in front of the instant taxi, which was driven by the victim D(62) (S) who was driving from the surface of the front of the Defendant’s driving, on the right side of the direction, in accordance with the new subparagraph.

Ultimately, the Defendant suffered injury to the victim, such as leaving the left-hand side in need of approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident situation report, a medical certificate, and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: The defendant's negligence is heavy, and circumstances that are favorable to the result of injury: The defendant reflects his/her wrong and repents his/her own fault, the defendant agrees smoothly with the victim, the defendant has no record of punishment for the same kind of crime, and other conditions for sentencing specified in pleadings, such as the defendant's age, sex behavior, motive, means and consequence of the crime, and circumstances after the crime;

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