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(영문) 수원지방법원 안양지원 2018.07.06 2018고단427

교통사고처리특례법위반(치상)

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 who is engaged in driving of B Mysta taxi, which is a transport owner of the Mysta-si.

On February 9, 2018, the Defendant was straighted along the two-lanes of the front shooting distance of the D factory from the west-gu, Western-si, Syang-si.

At this point, there was a center line of the real line, so the person engaged in driving of the motor vehicle has a duty of care to safely pass the motor vehicle by using the right side of the center line.

Nevertheless, the Defendant neglected this and went through the center line in the opposite one lane, and was placed in front of the driver's seat in front of the taxi driver's seat in front of the Defendant's driver's seat in the front of the F motor device driving by the victim E(61) who was driving in the opposite one lane in the opposite one lane.

In the end, the Defendant suffered injury, such as the 4, 5, and the 12 weeks of the outstanding part, which requires the victim to receive approximately 12 weeks of medical treatment by these occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Vehicles and on-site photographs;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations according to sentencing guidelines] - The basic area (from April to one year) of the types of general traffic accidents (the injury caused by traffic accidents) / [the sentence] favorable circumstances seems to be the attitude of the defendant against the mistake.

There is no history of criminal punishment.

Motor vehicle insurance is covered by comprehensive motor vehicle insurance.

Unfavorable circumstances: The degree of occupational negligence and the degree of injury are serious.

In addition to this case, a traffic accident caused by negligence in the course of business shall not be prosecuted on the ground that it purchased a comprehensive insurance policy.