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(영문) 수원지방법원 안산지원 2014.08.28 2014고단1628

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year 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 a rocketing taxi.

On June 2, 2014, the Defendant driven the above vehicle at a speed of about 40km per hour between the two-lanes in the direction of the KTT Tri-distance from the upstream of the west Zone at the time of Ansan-gu, Ansan-si. On June 2, 2014, the Defendant driven the above vehicle at a speed of about 12km in front of the 12 ETri-distance.

Since a road has a crosswalk installed on the front side, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on a road by reducing the speed and by checking well the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected such duty of care and failed to properly see the NAS in order to operate the NAS, and was due to the occupational negligence that proceeded on the crosswalk as it is. The Defendant received the victim D (5 years old), the victim E (47 years old), who walked on the crosswalk from the right side of the lane where the Defendant was proceeding to the left side, as the front left side of the vehicle in which the Defendant was driving.

Ultimately, the Defendant suffered injury to the victim D, such as cutting a bed part of the upper half of the upper half of the upper half of the body in need of treatment for about seven weeks due to such occupational negligence, and at the same time suffered a deprivation of the third balance of the upper half of the upper half of the body in need of treatment for about six weeks to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, such as the fact that the defendant is against the defendant, the fact that the defendant agreed smoothly with the victims, and the fact that the defendant's vehicle is admitted to the taxi mutual aid association);