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(영문) 서울북부지방법원 2018.02.22 2018고단71
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a private taxi in C.

On December 17, 2017, the Defendant driven the above taxi at around 20:30, while proceeding the shooting distance of the E Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu at the front of the Gyeonggi-do game announcement. In line with the signal, the Defendant: (a) caused the victim H (29 years of age) who was on board the said taxi to take the front part of the victim MF driver's GI driver's car in the front of the said taxi in the front of the said taxi under the new subparagraph by occupational negligence who left the front of the red fluor; (b) caused the victim H (29 years of age) who was on board the said taxi to take approximately 6 weeks of medical treatment; (c) caused the victim I (44 years of age) who was on board the said taxi and the victim Ha (12 years of age) to take approximately 3 weeks of medical treatment on the front part of the said taxi; and (d) caused the victim H (26 years of the said fluoral 3 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The application of the provisions of Acts and subordinate statutes to the traffic accident report (1) (2) (the actual survey report), photographs of the accident vehicle, visual recording devices, video photographing photographs, and copies of each 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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The instant accident occurred due to the Defendant’s gross negligence for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, and the degree of the instant accident is not weak, and multiple victims of the instant accident occurred, the victim H and K did not reach an agreement with the victims other than the victim, and the Defendant was punished for the same kind of crime, and the Defendant’s records of criminal punishment are disadvantageously considered. The Defendant recognized the instant criminal facts and against the mistake, and the victim H and K did not want punishment against the Defendant by agreement with the victim H and K.

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