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(영문) 수원지방법원 2017.11.07 2017고단5679

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in the operation of a rocketing taxi vehicle.

On July 19, 2017, the Defendant driven the above vehicle at around 09:00, and proceeded along the two-lane road in front of the area D in Suwon-si, Suwon-si, in accordance with the Sejong-dong apartment protection zone from the Sejong-dong apartment protection zone to the Sejong-si underground roadway.

At the same time, the signal was near the intersection where the signal was installed, and the signal was red. In such a case, there was a duty of care to prevent accidents by driving safely according to the name of the driver and driving safely by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the front part of the Defendant’s vehicle driving the FOba, which is driven by the victim E (46 tax) who is going to the right on the left-hand side in accordance with the new code by negligence in violation of the left-hand turn.

As a result, the Defendant, on the above job-related and practical basis, sustained an injury on the part of the victim, such as at least 20 weeks of medical treatment, and highly likely disability, such as an external shock, blood divers, and alley divers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. On-site photographs of traffic accidents, and photographs of related vehicles;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A person who is in the basic area (from April to one year) of the type of general traffic accident (the special mitigation (aggravating) which applies the sentencing criteria to the general traffic accident: Where the penalty is not imposed and any serious injury occurs;

2. Circumstances favorable to the accused shall be as follows:

The defendant is divided into and reflected in the crime of this case.

The taxi operated by the defendant is insured by the taxi mutual aid association.

The defendant agreed smoothly with the victim.