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(영문) 서울남부지방법원 2014.06.25 2013고단2474
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On May 27, 2013, the Defendant driven the above taxi on May 19:10, 2013, and proceeded along the two-lanes from the 3rd side of the village distance, such as the Hambroom distance in Gangseo-gu Seoul Metropolitan Government 449.

At this point, the signal lights are installed, and a crosswalk is installed on the front side, so the driver has a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking well the right and the right and the right.

Nevertheless, the Defendant neglected to do so and did not change the signal to a stop signal, and the Defendant’s negligence, which led to the collision between the left part of the vehicle at the wind-slelele-car, which was driven by D in accordance with the new line, and the pentle-gate part of the Defendant’s taxi right side, and the victim F, who walked to the port from the right side of the crosswalk installed by the Defendant’s taxi at the right side of the pedestrian crossing along the pedestrian signal, was 64 years old, to the front part of the Defendant’s taxi.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the Bridge that requires approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act and there is no basic area (4-10 months) of the first type of traffic accident (the injury caused by traffic accident) (the decision of sentence] [the degree of injury inflicted on the victim] and there is no negligence on the part of the victim. Meanwhile, the defendant is the first offender and the taxi mutual aid association.

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