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(영문) 수원지방법원 2016.10.28 2016고단4941

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 the duty of driving B rocketing taxi.

On April 23, 2016, the Defendant driven the above taxi on April 16, 2016, and proceeded with the first line of the front line of the 112 Suwon-si, Suwon-si, Suwon-si, with the speed of about 40 km from the 119 Safety Centerside to the Chyp elementary school.

At this point, the center line of yellow solid lines is installed and there is a tri-distance intersection. In such a case, there was a duty of care to safely drive a motor vehicle, such as driving the motor vehicle in compliance with the vehicle line and not overtaking at the intersection.

Nevertheless, the Defendant neglected to do so, but passed through the intersection by the victim C (the age of 57) driving at the center prior to reaching the intersection in order to pass over 50 otobs, followed by a Dmera, which is driven by the victim C (the age of 57). In the course of passing over the center and passing over the intersection, the Defendant got the left-hand side of the damaged otobs by the Defendant’s driver’s vehicle in the course of entering the intersection, and the victim in the disturbance stopped the above obaba, leading the victim’s left-hand side to the right-hand side of the Defendant’s vehicle.

After all, the Defendant suffered injury to the victim by occupational negligence as above, such as an injury to the left-hand part of the family in need of approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Investigation report (whether or not a suspect has invadedd the median line);

1. A medical certificate;

1. Application of related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 4 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.