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(영문) 서울남부지방법원 2013.12.27 2013고단3758
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 September 15, 2013, the Defendant driven the above taxi on September 03:45, 2013, while driving the four-lane road in Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government, which is located in the 244-lane, along the two-lanes from the strings of the Asian hotel to the strings.

Since there is a crosswalk where a signal, etc. is installed at the time, the driver has a duty of care to check whether a person engaged in driving service has a road by checking the front side and the right and the right and the right, and to drive safely according to the new subparagraph.

Nevertheless, the defendant neglected this and got the victim D(25 years old) who was standing a crosswalk from the left side of the defendant's running direction by negligence that led to the left-hand turn of the signal.

As a result, the Defendant caused the victim to suffer from the above occupational negligence in a way that requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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 concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that a taxi boat is recognized, the taxi mutual aid association is admitted, and the victim has been negligent in driving a bicycle or crosswalk on a stop signal;

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