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(영문) 서울중앙지방법원 2018.06.20 2018고단2039
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 individual taxi.

On February 3, 2018, at around 14:30, the Defendant driven the above vehicle at a speed of less than 20km in the direction of the 3rd 20km in the direction of the 8-lane of the women in Seoul and the 4-lane in the front of the 2nd friendly apartment in the new bank. The Defendant driven the above vehicle at a speed of less than 20km in the direction of the 3rd km from the breadth of the river.

Since there is an intersection where signal apparatus is installed at the front of that place, the driver has a duty of care to prevent accidents by proceeding in accordance with the signals.

Nevertheless, in order to turn to the left of the right at the point of accident, the defendant caused a traffic accident in which the front part of the route bus of the victim D(60) driving driven by the victim D(60) driving in the same direction as that of the central bus at the time of the left turn due to the violation of the signal, and the part of the driver's seat of the vehicle operated by the defendant are collisioned.

After all, the defendant suffered damages such as the list of crimes in the annexed sheet by negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Application of each medical certificate, medical opinion, record, each medical examination and treatment certificate, and Acts and subordinate statutes governing the fact of medical treatment;

1. Article 3 (1) and the proviso to Article 3 (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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act - The circumstances favorable to the sentencing are recognized and reflected.

There is no previous conviction since 2006.

Private taxi mutual aid associations are insured.

It was agreed with the victim who suffered serious injury.

- Unfavorable circumstances: A large number of people who conflict with buses in normal operation due to negligence in breach of signal.

Some of the victims have suffered serious injury.

- Other.

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