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(영문) 서울중앙지방법원 2016.04.06 2015고단8238
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the duty of driving a rocketing taxi.

On October 23, 2015, the Defendant driven the above taxi on October 15:05, and operated the three-lane road in front of the Seoul Jung-gu Seoul Metropolitan Government along the direction of the new historical distance from the side of the Road Traffic Authority to the one-lane road, and the Defendant, due to the negligence of fwheeled the central line, fwheeled the front part of the F-wheeled vehicle driving by the victim E (21 years old) who was going straight along the opposite direction in order to make the U-turn, was facing the front part of the said taxi with the rear part of the right side of the said taxi.

The Defendant, due to such occupational negligence, suffered injury to the victim E, including approximately 16 weeks of disease to the right pel, and the victim G (27 years of age) who is the passenger of the above wheeled Vehicle, suffered approximately 4 weeks of injury to the right pelle.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each written statement of E and G;

1. A traffic accident report;

1. Application of the relevant Acts and subordinate statutes to each victim's diagnostic certificate, vehicle photograph of the victim, and accident scene photograph;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crime; Article 268 of the Criminal Act;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da11448, Apr. 1, 201)

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