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(영문) 서울서부지방법원 2015.12.22 2015고단2483
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a rocketing individual taxi.

On August 24, 2015, the Defendant driven the above taxi on August 24, 2015, and proceeded at a speed of about 71km in speed from the direction of the intersection to the intersection near the front direction of the front direction of Yongsan-gu Seoul, Yongsan-gu, Seoul.

There is a duty of care to prevent accidents in advance by driving safely, such as checking traffic signals, driving according to traffic signals, and accurately operating steering steering the steering and brakes.

Nevertheless, the Defendant neglected this and went through the intersection as it was due to the negligence of entering the red signal as it is in contravention of the signal, and was driven by the victim D (the aged 51) who was driving in the direction of the front direction of the signal in the direction of the last day of the Roman, the right side of the E-to-face driven by the Defendant as the front part of the taxi.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as the sleeping sleep in the right sleep, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D;

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 under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

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

1. The Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, has caused the instant traffic accident in violation of the signal and has a heavy injury to the victim.

However, the fact that the defendant recognized his mistake and reflects, that the vehicle of the defendant is covered by a comprehensive insurance, that there is no other punishment other than punishment by a fine in 1980, and that there is no other punishment.

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