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(영문) 수원지방법원 성남지원 2020.04.01 2019고단3065

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

On September 10, 2019, the Defendant driven B rocketing taxi on September 10, 2019, and continued to drive it in the direction of the E apartment from the direction of the hemar-gu Da Complex D Bank, Sungnam-si.

There are three-distance crossings where yellow flashing signal is installed and without signal lights. In such a case, a driver has a duty of care to check whether there is a person who temporarily stops before entering the intersection and takes care of other traffic, and to check whether there is a person who sets the road well by checking the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded to the left without temporarily suspending prior to the entry into the intersection, and caused the victim F, who crosses the crosswalk from the right side of the direction of the running of the said rocketing taxi, to the front part of the said rocketing taxi.

As a result, the Defendant suffered serious injury, such as damage to two parts of the victim’s treatment days due to the above occupational negligence, and loss of recognition function due to the unknown details of the head, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of traffic accidents, and a report on the occurrence of traffic accidents;

1. On-site photographs;

1. Accident video CDs;

1. Application of statutes to medical doctors G and H’s statements on serious injuries;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] caused by traffic accidents [Special Aggravation] - Aggravation factors: In cases of serious injury (the scope of recommendation field and recommendation range] increased area, 8 months through 2 years without prison labor;

2. The Defendant’s decision-making is against his wrongness and Defendant’s operational taxi is covered by comprehensive insurance.

The Act on Special Cases concerning the Settlement of Traffic Accidents shall apply to defendants.