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(영문) 수원지방법원 안산지원 2018.09.19 2018고단2132

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On May 4, 2018, the Defendant driven the above taxi at a speed of 14:50 on May 4, 2018, and led to turn to the right at the speed from the right west to the right west of the D.

Since there is an intersection where a signal, etc. is installed, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with traffic signals.

Nevertheless, the Defendant neglected this and went to the left at the time of green signal by negligence in contravention of the signal, and followed the front part of the Fwing and the front part of the Fwing and the Cargo III, which was driven by the victim E (40 tax) who was going to the above intersection in accordance with the new subparagraph, with the care of the defendant's driver, with the top part in front of the front part of the vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the said victim E, such as salt, tensions, etc., requiring approximately three weeks of medical treatment, and suffered injury to the victim G (45 years of age) who was on board the said vehicle by the Defendant’s driver, for about eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Each written diagnosis of G and E;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to the scene of an accident, vehicle photographs, and video campaigns of Defendant vehicles;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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. Article 62(1) of the Criminal Act on the Suspension of Execution (the Defendant, even a taxi engineer, has caused the instant accident in violation of the signal, resulting in the victims’ injury requiring approximately eight weeks’ medical treatment and injury requiring approximately three weeks’ medical treatment, and the nature of the crime is not good. However, the Defendant is led to confession and reflect, and the Defendant is punished by a fine.