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(영문) 서울중앙지방법원 2013.07.05 2013고단2674
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

Around 17:00 on April 27, 2013, the Defendant was driving a Crando taxi and proceeded with the third line road of 56-19, e.g., Gangnam-gu, Seoul through an active duty-free plane from the school-based e.g., the road of 56-19, Seo-gu, Gangnam-gu, Seoul. Since there is an intersection where signal, etc. is installed on the front side of the road, the Defendant neglected the duty of care to safely drive the taxi according to the new name and prevent the accident in advance, and due to the negligence of the victim D (22 years and n.) who was driving the second two-lane of the opposite direction due to the Defendant’s negligence in violation of the signal, caused injury to the victim D (22 years and n.) to the victim D (the e.g., the lower part of the e., the lower part of the e., the lower part of the e., the Defendant sustained injury to the victim D, the Defendant suffered from the e. 5 week treatment of G.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by D, G, and F;

1. Entry of the actual survey report on traffic accidents;

1. Application of each statute to each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act (i.e., conditions favorable to the reasons for sentencing following the suspended sentence);

1. Scope of the recommended sentence for the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury by traffic accidents (type 1] (Scope of the recommended sentence] 4 months without prison labor, April - October (basic area);

2. Although the degree of injury of the victim D who has been sentenced to a sentence is significant, the defendant deposited 3 million won for the victim D and the defendant is sentenced to sentencing.

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