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(영문) 서울동부지방법원 2014.05.14 2014고단473
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 operation of B rocketing taxi.

On January 24, 2014, the Defendant driven the above vehicle around 06:20, while driving the two lanes of the two lanes of the 110-day Yongsan-ro, Seoul Special Metropolitan City on the surface of the Myeong-dong, along the two lanes of the erost-ro, the two lanes of the two lanes of the erost-ro, Seoul.

On the front of that place, crosswalks and signals are installed, and in such cases, there was a duty of care to safely drive according to the traffic signal by reducing speed and keeping the front door well for the person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and caused the fault to go in contravention of the signal, which led the victim C (the age of 61) who crossed the crosswalk to the left side of the direction of the proceeding to the left side of the pedestrian signals, to the front part of the above taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as anti-monthss on both sides of the left-hand slots in need of treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Determination of a sentence] in general traffic accidents (the injury of traffic accidents) - In cases where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Aggravations is serious [the scope of recommendation area] in basic area / [the scope of recommendation area] from April to October / [the decision of a sentence] in case of Defendant’s violation of signal signals and thus, the degree of injury to the victim is disadvantageous.

On the other hand, however, the fact that the defendant is against the victim, and that the victim has agreed with the victim.

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