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(영문) 서울서부지방법원 2016.01.26 2015고단2667
교통사고처리특례법위반등
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 suspect is a person engaged in Cstststuna private taxi driver.

At around 17:00 on August 29, 2015, the respondent was straighten from the Han River-gu Apartment-ro, Yongsan-gu, Seoul, Yongsan-gu, 269 half-gu, to the Han River-gu middle school bank at the bottom of Han River-gu.

At the same time, there is a duty of care to drive a person engaged in driving service in accordance with the new code, because there is an intersection that is prohibited from a straight or left turn.

Nevertheless, the Defendant, by negligence in violation of that signal, was driven by the victim D (40 Do) who was under direct influence from the right side of the course to the back side of the mast and was under direct control in accordance with normal signals. The front wheel part of the EMW Roto, which was driven by the victim D (40 Do) under normal signals, was driven by the front pent part of the said taxi.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as fulver pulver pulver pulver pulver pulver pule on the right side of the 12 weeks, the injury to the victim F (20 taxes, female) who was on the back seat of the cab in need of approximately 3 weeks of treatment, such as the impairment of the brue part of the brue, which requires approximately 48 years of age, and the injury to the victim G (n) for approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of G and F;

1. Reports on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishments under Provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest penalty);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasons for sentencing Article 62-2 of the Criminal Act, the defendant's negligence and the degree of injury suffered by several victims, and the significant importance of certain victims, the liability of the defendant for the crime is established.

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