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(영문) 서울중앙지방법원 2017.09.08 2017고단4766
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence 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 the duty of driving a small-type taxi B.

On May 31, 2017, the Defendant driven the above taxi on May 21, 2017, while driving the 278 Seoul Central District Court in the direction of the Seocho-gu, Seocho-gu, Seoul Central District Court alternately, the Defendant, on the left side of the front bank, installed the safety zone central line on the front bank, and neglected the duty of care to safely drive by checking the front bank and the right and the right and the right and the right and the right and the right and the right and the duty of care to safely, while neglecting the duty of care to safely drive the said taxi on the left side of the front bank, the Defendant got the victim C (32 years old) (the victim C (32 years old) who was living in the center of the safety zone line on the back of the back bank.

Defendant 1 caused injury to the victim by negligence in the course of performing the above duties, i.e., taking care of the victim's son's son's son's son's son's son's son's son's neck.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of traffic accidents prepared C;

1. Investigation report on the actual condition of traffic accidents, standard signal control data base (No. 13 times a year), investigation report (No. 14 times a year);

1. Each written diagnosis for C;

1. Application of Acts and subordinate statutes (No. 9 once a year) to photographs of vehicles involved in accidents;

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

1. Selection of imprisonment without prison labor (the defendant shall be punished by imprisonment without prison labor in consideration of circumstances, such as the degree of violation of the duty of care of the defendant, the degree of injury to the victim, and the past records of punishment several times for the same crime);

1. On the grounds that Article 62(1) of the Criminal Act of the Suspension of Execution (including the following circumstances: (a) is contrary to the fact that the defendant is aware of all criminal facts; (b) there is no record of punishment by imprisonment without prison labor or a heavier punishment for the same kind of crime; and (c) the restoration of damage was or is likely to have been made through the deduction

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