beta
(영문) 수원지방법원 안양지원 2014.08.29 2014고단1073

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

Reasons

Punishment of the crime

The Defendant is a person who drives B Launa taxi.

At around 12:20 on May 8, 2014, when the defendant drives the above taxi and proceeds from the air-flowing area from the front side of the Hanyang-dong located in the Manyang-dong of Manyang-gu, Syang-gu, the defendant suffered damage to the victim C (80 years of age) who crosses the road to the right side on the left side from his occupational negligence going about about 93 km in the front side of the Hanyang-gu, Manyang-do, the Hanyang-do, the Hanyang-dong, the Hanyang-gu, the Hanyang-dong, the Hanyang-gu, the Hanyang-gu, the front side of the above taxi, and caused the victim to suffer damage to the land adjacent to the Hanyang-gu, which requires treatment for about 6 weeks, and injury to the blood species, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A traffic accident report (1), 2 (2);

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Selection of Depository Punishment)

1. In light of the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not against the law, and despite the fact that there was a past record of being sentenced to suspended sentence for the same crime, it is necessary to place the defendant on a strict punishment. However, considering the fact that the defendant is against the crime, it is subscribed to mutual aid, it is subscribed to mutual aid, and the victim's negligence crossing the road without permission also becomes the cause of an accident, the punishment as set forth in the Disposition shall be determined.