(영문) 서울중앙지방법원 2013.06.12 2013고단1456

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(영문) 서울중앙지방법원 2013.06.12 2013고단1456

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on December 28, 2012, the Defendant, while driving a Crocketing taxi and driving a second line of the speed of 1649-5, Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, at a speed of about 60 km for a speed of 1:60 km depending on the above road’s speed from the front side of the Seocho-gu, Seocho-gu, Seocho-gu, 1649-5, to the south side of the port hot spring room. In such a case, the Defendant was installed at the front side of the said road. As such, despite the duty of care to check the speed of the driver and to check the front side and the right and the right and the right and the right of the driver, the Defendant was negligent in proceeding with the victim D (the age of 61) who dried the crosswalk to the left side of the taxi to the left side of the Defendant, and caused the victim’s injury as necessary for safe treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Partial entry of the report on traffic accidents;

1. To describe a copy of the medical certificate;

1. Application of each video statute of a ctv video photograph;

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 Articles 70 and 69(2) of the Criminal Act (i.e., conditions favorable to the reasons for sentencing following the suspended sentence);

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

2. Although the degree of injury of the victim is serious, the defendant does not want the punishment of the defendant by mutual consent with the victim, the vehicle of the defendant driving is insured by mutual aid association, and the defendant is accused.

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