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(영문) 서울중앙지방법원 2018.04.26 2018고단1185
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a rocketing taxi.

On December 22, 2017, the Defendant driven the above taxi at around 01:30 on December 22, 2017, and proceeded to turn to the left from the west to the west of Silung-ri at the intersection of Silung-ri, which is located in Silung-ri-ri.

Since there is a long distance intersection where signal lights are installed, drivers had a duty of care to see the front side and the right and the right and the right and the right and the right and the right of the driver, to accurately operate the steering direction and the system and to safely drive the signal in accordance with

Nevertheless, the Defendant neglected this and went to the left by the negligence that violated the signal and proceeded to the left, and received the front part of the DPoter Ⅱ that is driven by the Defendant in accordance with the straight line at the right direction of the vehicle driving of the Defendant C(33 ) from the victim C (33 ) who is driven by the Defendant.

As a result, the Defendant suffered injury to the victim C by the foregoing occupational negligence during approximately two weeks of medical treatment, and at the same time suffered injury to the victim E (39 years of age) who was on board a taxi driving by the Defendant at the same time, due to approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents and investigation reports (referring to reports on confirmation of statements made by victims);

1. The scene of the accident and photograph of the accident vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the type of decision] [the grounds for sentencing] under Article 62-2 of the Criminal Act, where there occurs a minor injury to the element of mitigation (the person causing a traffic accident] - (1) [the scope of recommendation] mitigation area / [the scope of recommendation] mitigation area / [the scope of recommendation] January - August 8.

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