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(영문) 서울서부지방법원 2017.08.10 2017고단1296
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving CK5 taxi.

On March 31, 2017, the Defendant driven the above taxi on March 23:06, and led the village of this village located in the 201 village of Yongsan-gu Seoul, Yongsan-gu, Seoul, to drive a three-lane road in front of the apartment of this village along the intersection of the Han River as the intersection of the Han River between the east and the Han River.

There is an intersection where signal lights are installed, and the front line is installed with the center line of yellow-line, so in such a case, there was a duty of care to thoroughly see the front line in the driver of the motor vehicle and to safely drive the motor vehicle in good faith and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded to turn to the left at the right-hand edge of the vehicle, thereby leading the victim D(54 ) who was waiting in the atmosphere to turn to the left in accordance with the new subparagraph on the opposite one lane due to the negligence of breaking the center line, and thereby receiving the front part of the E-to-face driving in front of the above taxi.

As a result, the Defendant suffered from the above occupational negligence the victim's right-hand care that requires approximately 10 weeks of treatment and the right-hand care and the right-hand care of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3(2)1 and 2 of the Act, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the recommended punishment according to the sentencing guidelines] O general traffic accident No. 1 (the injury by traffic accident) in the basic area (including April to one year). O special mitigation (the special mitigation) in the basic area: In a case where the illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Teaching (excluding the serious effort to recover the damage) is serious (the decision of sentence).

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