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(영문) 부산지방법원 서부지원 2018.10.30 2018고단1442

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year 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 July 2, 2018, the Defendant driven the above taxi on July 2, 2018, and proceeded along the intersection at the entrance of the intersection of the South-west side in Busan Metropolitan City, Seo-gu, along the three-lanes from the intersection to the intersection of the west-do.

At the time of night, the passage of the front and the front and the signal, etc. are installed. Thus, a person engaged in driving service has a duty of care to check whether there is a vehicle driving at the intersection by reducing speed and checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are well and to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle driving signal to the stop signal, and due to the negligence of proceeding, the Defendant received the front part of the victim D(69) driving, which was crossing the said crossing from the left side of the proceeding direction to the right side, in front of the left side of the said taxi.

As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as cutting off glavers to the right shoulder, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. The actual investigation report on traffic accidents, the investigation report and the report on the investigation results;

1. Medical certificate (D);

1. Application of Acts and subordinate statutes to photograph the skin vehicle, photograph of the fluor vehicle, photographic image images of the fluor;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 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;

1. The scope of the recommended punishment according to the sentencing guidelines shall be limited to the category 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) and the mitigated area (a person subject to special sentencing) shall not be punished;

2. The occurrence of serious injury to the victim due to the instant accident in which the sentence of sentence was rendered.