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(영문) 춘천지방법원 원주지원 2019.06.12 2018고단906

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 who is engaged in driving a small-type taxi B.

At around 03:40 on October 2, 2018, the Defendant continued to proceed with the “D” front of the “D” road in Suwon-si, Seoul.

At the time of night, a heavy rain is bad and the surface was slicked. In such a case, there was a duty of care to safely drive a motor vehicle in such a way that the driver of the motor vehicle can live well on the right and the right and the right and the right and the right and the right and the right and duty of care are reduced so that the motor vehicle is

그럼에도 피고인은 이를 게을리 한 채 진행하면서 조향 및 제동장치를 제대로 작동하지 아니한 업무상 과실로, 위 택시가 빗길에 미끄러져 조수석 뒷 문짝 부분으로 도로 중앙에 설치된 화단과 가로등을 충격하게 하고, 이로 인해 위 택시 조수석 뒷자리에 타고 있던 피해자 E(42세)가 튕겨나가 도로에 쓰러지게 하였다.

As a result, the Defendant suffered serious injury to the victim, such as the 4-5 frame and escape from the treatment days, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report, on-site photographs, diagnosis report, each medical statement, and each investigation report;

1. Application of statutes concerning criminal records;

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

1. The crime of this case under Article 62(1) of the Criminal Act, based on its result, has been committed with disadvantageous circumstances to the defendant, such as the nature and circumstances of the crime, and the situation of the crime are heavy, and the victim did not reach an agreement with the victim. However, there are no criminal records of suspension of execution or more, and it seems that the vehicle operated by the defendant at the time of the traffic accident in this case was covered by the comprehensive motor vehicle insurance, and considerable damage has been caused to the victim. The defendant is in depth divided with his mistake, and other crimes of this case.