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(영문) 서울중앙지방법원 2020.01.15 2019고단1395
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of K5 taxi vehicles.

On March 2, 2019, the Defendant driven the above taxi vehicle on March 2, 2019 and proceeded one lane between three lanes in front of Gangnam-gu Seoul.

In such cases, the driver who intends to make a U.S. internship has a duty of care to prevent accidents because he/she fails to safely internships according to the new code at the point where the U.S. is permitted to do so, and fails to d

Nevertheless, the Defendant neglected this and caused the Defendant to go on the right side of the taxi driver’s vehicle in the case of the victim D(26 years old) driving, which was driving two lanes in opposite direction with the Defendant due to the negligence of neglecting the center line.

As a result, the Defendant driving the said taxi and suffered injury, such as the left-hand aggregates, which requires treatment for about six weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the general traffic accident [the person who is a special person] the injury of a traffic accident [the person who is a special person] - the mitigated element of the punishment [including a serious effort to recover the damage] / [the scope of the recommended area and the recommended sentence] mitigation area, 1 to 8 months (the general person who is a general person] of the imprisonment without prison labor, 1 to 8 months (the scope of the recommendation area and the recommended sentence] - In cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the grounds for suspension of execution] - Major pride reasons: The amount of no punishment - General pride reasons: serious reflect, the subscription of the comprehensive motor vehicle insurance - the general reason for unjust reasons; any other reasons.

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