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(영문) 광주지방법원 2013.04.18 2013고단848
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 two years 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 July 24, 2012, the Defendant driven the above taxi on July 24, 2012, and moved the distance of teacher deduction to the luminous-dong, Gwangju, about 30 km from the luminous intersection to the luminous-1st parallel.

At all times, a crosswalk without signal, etc. is installed in the front door, so the driver had a duty of care to safely proceed without hindering or endangering the passage of pedestrians by temporarily stopping in front of the crosswalk and taking into account well the front door in front of the crosswalk.

Nevertheless, the Defendant neglected to do so, due to his occupational negligence, caused the injury to the victim, such as the flaging of the upper half of the body part of the victim C (the age of 71) to the left-hand side of the front-hand side of the taxi operated by the Defendant, by shocking the top part of the victim C (the age of 71) into the front-hand part of the taxi operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (including a violation of the same kind of punishment and a violation of depth);

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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