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(영문) 서울북부지방법원 2014.04.17 2014고단413
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years 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 B rocketing taxi.

On December 25, 2013, the Defendant driven the above taxi on December 25, 2013, and driven the road of 502-33 Myeon-dong, Jung-gu, Seoul, Jung-gu, with a speed of about 51km from the Myeon-dong, Seoul to the Myeon-dong.

At the time, there was a crosswalk at which a signal, etc. is installed at night and at the same time (off-and-off operation between 01:00 to 05:00), and thus, the driver of the motor vehicle has a duty of care to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim C (g0 years old) who crossed the crosswalk from the left side of the front bank to the right side by negligence, and got the victim into the front part of the above taxi that the defendant drives.

Ultimately, the Defendant suffered injury to the victim, such as the recovery of the frame of return in need of approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of supplement of D;

1. The actual survey report on traffic accidents;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines / [type] traffic crimes, general traffic accidents, injury by traffic accidents (type 1): Reduction element of punishment not (Scope of the recommended sentence]: Imprisonment without prison labor for 6 months;

3. The Defendant, who was sentenced to suspended sentence for the same kind of crime, is driving a taxi in this case.

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