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(영문) 서울남부지방법원 2016.07.07 2015고단5032
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 engaged in rocketing taxi driving service.

On September 6, 2015, around 20:24, the Defendant continued to turn to the 3rd east of the 3rd east of the 3rd west-gu Seoul Metropolitan Government (Seoul), from the direction of the opposite D, one-lane of the three-lanes to the shooting distance of the friendly apartment at the speed of about 45 km.

Since it is an intersection with a signal apparatus, a person engaged in driving service has a duty of care to proceed in accordance with the signals.

Nevertheless, when the defendant neglected this and neglected to turn to the left, the defendant shocked the F-wheeled Vehicle of the victim E driving who is in a straight line in the opposite direction of the yellow flaps.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening of the left-hand body, which requires approximately twenty weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Blus and video CDs and investigation reports (to hear statements by the victim's guardian's telephone);

1. A fact-finding survey report, a traffic accident occurrence report, and signal suspender;

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, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by traffic accidents;

(b) Special sentencing factors: Aggravation factors (where serious injuries have occurred), mitigation factors (where there are gross negligence on the part of the victim in the occurrence of traffic accidents or the expansion of damage).

(c) General sentencing factors: Reduction factors (in case where comprehensive motor vehicle insurance is subscribed), aggravation factors (in case where it falls under the proviso to Article 3 (2) of the Act on Special Cases concerning the Armed Forces).

(d) Scope of recommendations: Basic field, four months to one year; and

3. Determination of sentence: Six months of imprisonment without prison labor, and two years of suspended execution.

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