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(영문) 서울동부지방법원 2014.01.08 2013고단2907
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 08:20 on July 2, 2013, the Defendant, who is engaged in driving B rocketing taxi, driven the said taxi and proceeded at a speed of about 60km per hour on the 7-lane ahead of the 3-lane south of the Jacheon-dong, Songpa-gu, Seoul, at a speed of about 70 kilometers per hour from the locked distance to the locked intersection.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to avoid accidents in advance by putting a person engaged in driving service at front and driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and did not discover the d-to-bea of the victim C(31 years old) driving at the left from the south side of the d-to-hand side of the d-to-hand side in accordance with the signals from the south side of the d-to-hand side by the negligence of entering the intersection of the yellow signal in violation of the signal, and received the front part of the d-to-bea from the Defendant’s driving.

The Defendant suffered injury to the victim, such as a ductal body flas, which requires approximately three months of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A criminal investigation report (to hear statements from victims);

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of punishment for the same kind of crime, the fact that the defendant deposited three million won for the damaged person, the fact that the damaged person's vehicle is subscribed to a comprehensive insurance and thus it is anticipated that the damage compensation for the victim will be made, and the fact that the defendant reflects the wrong;

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