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(영문) 서울남부지방법원 2016.07.14 2016고단1361
교통사고처리특례법위반
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 engaging in driving a rocketing taxi.

On March 9, 2016, the Defendant driven the above taxi on March 18:25, 2016, and led to two lanes along the two-lanes following the second apartment, which are located in the 67-lane 23, Guro-gu, Seoul Metropolitan Government, along the direction of the household-ro, the two-lanes following the second apartment.

At all times, there are crosswalks where signal lights are installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and caused the fault of entering the crosswalks for pedestrian walking in violation of the signal, and caused the victim C (28 tax) who dried up the crosswalks for pedestrian traffic, to shock the front part of the front part of the taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the period from 8 to 9 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis;

1. A traffic accident report;

1. Application of field photographs and vehicle photographs statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment on the sentencing guidelines is limited to the category 1 (the injury of a traffic accident) and the basic area (the person subject to special mitigation) (including the person subject to special mitigation) / Cases where illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning Schoolology is serious;

2. Determination of sentence: A person who has been sentenced to imprisonment without prison labor for eight months or two years under a suspended sentence shall be sentenced to imprisonment without prison labor for the same kind of criminal records and, in spite of his previous conviction, the damage inflicted on the crosswalk is not good, or there is no criminal record exceeding a fine for the defendant, and the defendant shall be sentenced.

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