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(영문) 서울중앙지방법원 2017.06.07 2017고단2594
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 operation of B rocketing taxi.

On March 14, 2017, the Defendant driven the above taxi on March 14, 2017, and proceeded one lane between the four-lanes in front of the Seocho-gu Seoul Seocho-gu Seoul Building to the shift-side basin from the south side of the lower terminal, and tried to turn to the opposite lane.

In such cases, a person engaged in driving motor vehicles has a duty of care to thoroughly observe the central line, to ensure that he/she well sees the right and the right and the right, to accurately manipulate the steering system and brakes, and to prevent accidents from spreading.

Nevertheless, the defendant was found to have been in front of the above taxi due to the negligence of the center line of yellow solid lines and the negligence of the injured party D (31 ) driving on the opposite lane.

As a result, the defendant suffered injury by the victim, such as light on the left-hand side of the 14 weeks of medical treatment, and light on the non-alley executives.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. A written statement on the occurrence of each traffic accident;

1. A report on investigation (booms analysis);

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In general traffic accident [the grounds for sentencing] are serious (8-2 years or more) in the area of aggravation (8-2 years or more), the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act of the Special Cases of the Republic of Korea (the decision of sentence] in the case of the injured party due to the central course traffic accident [the decision of sentence] in the case of the injured party due to the central course traffic accident, the commission of the crime and the reflects it, the subscription to the Financial Cooperative, the agreement with the injured party, the fact that there is no serious criminal record is considered as normal in favor of the injured party, and all other factors of sentencing are considered comprehensively.

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