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(영문) 창원지방법원 2017.11.02 2017고단2208

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing other business purposes.

On April 1, 2017, the Defendant driven the above taxi on April 11, 2017, while driving the si and driving the si, which is the high level located in the winter-dong in the city of Changwon, led to the two-lanes of the U.S. section in the U.S. section from the Myeon of the Gu Community Center to the Jinhae High School.

At the time, there was a lot of traffic of vehicles during the military port period and the two-lanes are temporarily operated as bus-only roads, so the driver of the vehicle has a duty of care to safely drive the vehicle according to the operation situation of the vehicle.

Nevertheless, the Defendant neglected this, while entering a two-lane, tried to change the course into a two-lane, and failed to properly operate the steering gear, received concrete columns of high-priced roads as part of the front part of the right-hand edge of the said taxi.

Ultimately, the Defendant caused the injury of the victim D (the 51-year old age), who was a passenger on the back seat of the said taxi due to such occupational negligence, in need of lifelong rehabilitation and conservation treatment, such as damage to the sewage beer and the low oxygen brain damage, etc. which require at least 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Bluice stuffs images;

1. A medical certificate;

1. Responses to the commission of expert opinions;

1. Application of Acts and subordinate statutes to a report on investigation (possibility of completely recovering from victims);

1. Grounds for sentencing under Article 3 (1) and the proviso to Article 4 (1) and Article 4 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. The sentencing criteria [Scope of recommended punishment] General traffic accidents of category 1 (Bodily Injury resulting from Traffic Accidents) (from August to two years) (Special Aggravation) in the area of aggravation (the person subject to special aggravated punishment).

2. The sentencing decision defendant recognized the crime of this case and reflects the fact, and the Lives Vehicle shall be the mutual aid association.