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(영문) 서울남부지방법원 2014.04.09 2014고단189
교통사고처리특례법위반
Text

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

On December 19, 2013, the Defendant driven the above vehicle on 06:27 December 19, 2013, and led to the left-hand turn to the private distance of Gangseo-gu Office while driving the 4-lane road in front of the shooting distance of the mountain basin in 281 at the airport of Gangseo-gu Seoul Metropolitan Government along one-lane from the Gyeongcheon Station.

In such a case, the driver has a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed and keeping the front door well for the person engaged in driving service.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and caused the collision to the front part of the E-Poter 2 vehicle driven by the victim D(35 years of age) who was going to the opposite direction according to the vehicle moving signal from the mapoter 2 vehicle that was driven by the Defendant in contravention of the stop signal.

As a result, the Defendant suffered injury, such as duplicating cages, including two cupages, which require approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written statement on the occurrence of D traffic accidents;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In light of the Defendant’s negligence in the occurrence of the instant traffic accident and the degree of the injured party’s injury, etc. for sentencing reasons under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., the nature of the crime is inferior, but the Defendant recognized the Defendant’s mistake and reflects it, and the Defendant subscribed to mutual aid.

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