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(영문) 서울북부지방법원 2015.11.26 2015고단3544
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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

On July 14, 2015, the Defendant: (a) driven a rocketing taxi on the front of Gangnam-gu Seoul Metropolitan Government on a four-lane road in the direction of the calendar distance from the next hospital shooting distance; (b) due to the occupational negligence of yellow chronton in violation of the new subparagraph, who carried on the left-hand part of the EN125 Oba, who was directly going to the shooting distance of the next hospital from the front part of the said taxi, and suffered injury to the victim F (26 years of age) who is the driver of the said taxi, due to approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Investigation report (related to the details of on-site verification);

1. A medical certificate;

1. Application of statutes on field photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 [Special Mitigations] [Special Mitigations] [including serious efforts to recover from damage] and not subject to punishment (including serious efforts to recover from damage] / Defendant’s negligence in violation of signal causing serious injury to the victim, and Defendant’s liability for the crime of this case is not easy.

However, considering the circumstances favorable to the defendant, such as the circumstance leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, occupation, and family relationship, that the defendant recognized his mistake and against himself, that the above taxi of the defendant was subscribed to the Financial Cooperative, that the defendant was not punished by the defendant, that the defendant did not have any criminal records exceeding the fine. In addition, all of the sentencing factors provided for in Article 51 of the Criminal Act are considered comprehensively.

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