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(영문) 서울북부지방법원 2017.11.23 2017고단4237
교통사고처리특례법위반(치상)
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 engaged in driving a rocketing taxi vehicle.

On September 5, 2017, the Defendant driven the above vehicle on September 5, 2017, while proceeding with the Dowing Cultural Information as a sponsor, Seocheon Underground Road, and stopped in order to make a U-turn at the front crosswalk of Dobong-gu Seoul Metropolitan Government.

On the other hand, the above intersection has a duty of care to identify traffic conditions on the right and the right and the right and the right and the right and duty of care to prevent the driver from driving at a speed or in a manner that impedes the passage of other vehicles due to proper driving under the traffic signals.

Nevertheless, the defendant neglected this and operated a bicycle on the opposite side of the motor vehicle's green signal while driving the bicycle on the opposite side of the motor vehicle due to the occupational negligence while the green signal of the motor vehicle was turned on, and led the victim E (37) who proceeded directly along the two-lanes of the previous two-lanes.

As a result, the Defendant suffered injury, such as “alleys,” which requires approximately eight weeks of medical treatment, by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of circumstances, such as the fact that the defendant's negligence causing an accident that has caused the violation of the reasons and signals for sentencing under Article 62-2 of the Criminal Act, the degree of injury to the victim, the primary crime, the subscription to the taxi mutual aid association, and the reflection of the situation;

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