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(영문) 부산지방법원 2019.07.04 2019고단1460

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing taxi.

On March 30, 2019, the Defendant driven the above taxi on March 17:45, 2019, and proceeded with the two-lanes of the D in front of the Busan Jung-gu, Busan, as the one-lanes of the two-lanes of the D in front of the D in Busan Jung-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she has a person, etc. to reduce the speed and to see the right and the right and the right.

Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle driving signal is changed to a stop signal, and was negligent in proceeding as it was, from the right side of the Defendant’s proceeding, to the left side of the victim E (the 59-year old-age-old-age-age-age-age-age-age-age-age-age-of-the-way-age-age-age-age-age-age-on

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement on the occurrence of each traffic accident;

1. A fact-finding report, an investigation report (as to the photo of a black fluor video-fluor photograph), and an investigation report (as to internal investigation in the vicinity of the accident site);

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General traffic accident: Type 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) (including specially mitigated persons), the area of mitigation (including serious efforts to recover damage);

2. Determination of sentence: