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(영문) 서울남부지방법원 2014.02.12 2013고단4466
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in rocketing taxi driving service.

On November 6, 2013, at around 05:05, the Defendant, at around 573, Guro-gu, Guro-gu, Seoul Metropolitan Government, along the four-lane road prior to the department store, was driving at an insular speed along the three-lane road from the Guro-gu Office basin to the Gu road basin.

At the time, there are signals, etc., so the defendant engaged in driving service has a duty of care to prevent accidents in advance by safely proceeding in accordance with good faith.

Nevertheless, the Defendant got the victim's right side part of the E 100cc Oral land driven by the victim D (the aged 55) who was left to the left in accordance with his own new name from the Myeon basin of the Goguro Hospital due to the negligence in progress with the stop signal, and caused the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as an injury to a closed frame, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

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

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (including the fact that the defendant reflects his mistake and the fact that the defendant agreed with the victim) is higher than that of the Criminal Act;

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