(영문) 서울남부지방법원 2015.01.30 2014고단3777

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(영문) 서울남부지방법원 2015.01.30 2014고단3777

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 who is engaged in driving of a taxi for the use of the CBS.

On June 20, 2014, the Defendant driven the above taxi at around 03:00, while driving it along the two-lanes in the direction of the Gangseo-gu Office in the direction of the Gangseo-gu Office, Gangseo-gu, Seoul.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, despite the fact that the Defendant was negligent in driving a stroke and driving a stroke, which was driven by the victim D (the aged 47) who was straighted under the new name from the 6 apartment room of the apartment complex in the Manyangyangyangyang apartment complex to the 3rd apartment room of the apartment complex, due to the negligence in violation of the signal, received the left part of the front part of the erode in the front part of the cab in front of the cab in front of the Defendant driving.

As a result, the Defendant suffered from the victim’s occupational negligence by causing approximately eight weeks of medical treatment to the left-hand side of the previous floor, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The sentence shall be determined as per the disposition, taking into consideration the following: (a) confessions and reflects of the basic sphere (decision of sentence] of the type 1 of general traffic accident (Article 62(1) [Article 62(1) of the Criminal Act (Article 62(1)]; (b) (Article 62(1) [Article 62(1) of the Criminal Act (Article

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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