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(영문) 서울남부지방법원 2014.07.18 2014고단1930
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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

The Defendant is a person engaged in driving a taxi vehicle B.

At around 00:40 on March 30, 2014, the Defendant continued two lanes between the two-lanes on the new road, the new road, the underground road of Yeongdeungpo-gu Seoul Metropolitan Government, and the new road, the underground road of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, was located along the two-lanes.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, when the Defendant neglected this and neglected to proceed in violation of the stop signal, the Defendant received the victim C (the age of 62) who crossed the crosswalk in accordance with the front part of the Defendant’s vehicle (the age of 62).

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of the left-hand body felbs and the body felbs in need of medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 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 for an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type I (1-6 months) (Special Mitigation) [including efforts to recover from damage] Punishment and Non-Voluntary (including serious efforts to recover damage] / [Pronouncement Decision] The occurrence of the instant traffic accident in the event that traffic accidents have been caused by signal violations for the last two years and has been sentenced to a fine twice again, the degree of injury to the victim is very serious, and the fact that the taxi mutual aid association is admitted to the taxi business association and the agreement has been reached smoothly with the victim shall be determined as per the Disposition.

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