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(영문) 서울북부지방법원 2016.03.29 2015고단4692
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 engaging in driving a rocketing taxi.

On September 8, 2015, the Defendant driven the above taxi around 05:00, and proceeded along the two-lanes between the two-lanes in the middle middle school and the end of the middle school in the middle school of the city of Jung-gu, Seoul and the end of the five-lanes in the middle school of the city of Jung-gu, Seoul.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a way that well sees the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and sustained an injury on the part of the victim C (at the age of 77) who crosses the crosswalk on the right side of the crosswalk to the right side of the direction of the course, taking the right side part of the victim C (at the age of 77) who crosses the crosswalk on the right side of the driver's vehicle into about 12 weeks of the driver's vehicle, and suffered an injury, such as an injury caused by the blood transfusion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. The application of Acts and subordinate statutes to medical certificates, opinions, and investigation reports (private statements);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Consideration, such as the scope of recommendations according to the sentencing guidelines for traffic crimes with reason for sentencing under Article 62 (1) of the Criminal Act and the standards for suspension of execution, and the fact that vehicles operated by the defendant are covered by mutual aid insurance, the occurrence of the instant accident has a significant impact on the fault of the victim crossing the crosswalk in the crosswalk red name, and the fact that the defendant has a minor criminal record of a fine in the year 1981;

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