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(영문) 서울중앙지방법원 2014.12.31 2014고단8487
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi vehicle.

On August 29, 2014, at around 00:48, the Defendant driven the two-lanes of the five-lane road in Seocho-gu Seoul Western Central Office of Seocho-gu, Seoul, which is front of the 255-lane, and continued the said taxi.

In this case, the driver of a vehicle has a duty of care to prevent accidents by complying with the signal signal apparatus, living well on the front side and the right and the right and the right and the right of the signal apparatus, and driving safely.

Nevertheless, the Defendant failed to find out the victim C(40 years of age) who was moving from the right side of the Defendant’s running direction to the left side while the signal of the signal was changed to yellow signal, and was faced with the body part of the victim’s front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence as above, such as the left-hand pelle, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. A written appraisal;

1. Report on internal investigation (a witness D's statement at the time of an accident), internal investigation report (a witness D's statement at the time of an accident), a reporter's report on internal investigation (a witness D's statement at the time of an accident and a reporter's phone call, telephone call, internal investigation report (tele E and telephone conversation), investigation report (a witness's video verification of a taxi driver's taxi track record);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the penance, the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment, the fact that the taxi of the defendant is admitted to the mutual aid association, and the fact that the defendant's driver has committed an error crossing the victim

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