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(영문) 광주지방법원 2015.03.24 2014고단4944
교통사고처리특례법위반
Text

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

except that 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 engaged in rocketing taxi driving service.

Around 22:40 on October 19, 2014, the Defendant driven the above taxi and proceeded at about 55 km each hour at the speed of 4 km from the west-gu west-gu to the west-gu west-gu west-do west-do west-do as well as the 14 west-do west-do west-do west-do. In such cases, the Defendant, who is engaged in driving service, has a duty of care to check and proceed safely as to whether there is a person who will collapse in the west-gu dong-gu west-gu west-do west-do west-do west-do.

Nevertheless, the Defendant failed to discover the victim D (year 47) who is crossing the crosswalk from the right side of the driving vehicle to the left side of the Defendant’s driving vehicle due to negligence while neglecting this, and caused the victim to go beyond the floor by shocking the left side of the victim’s driving vehicle.

As a result, the defendant suffered injury to the victim, such as a thromatic cerebral cerebral cerebral typ, which requires treatment for about 20 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition and a medical certificate;

1. Application of the Acts and subordinate statutes to the evidence of traffic accidents, booms image images and to the closure thereof;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, agreement between the victim's family members because the victim's consciousness is not available at present, and the defendant's driver's license is admitted to the mutual aid

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

2. The scope of recommendations based on the sentencing guidelines: the basic area (in April to October) (special mitigation) of types 1 of general traffic accidents shall be (in April to October) from April to October (in a case where a person is specially mitigated) of imprisonment without prison labor. Efforts shall be made to recover damage caused by imprisonment without prison labor.

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