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(영문) 광주지방법원 2017.07.13 2017고단482

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the duty of driving a rocketing taxi.

around 06:35 on December 7, 2016, the Defendant driven the said taxi on the frontway in Gwangju Northern-gu, and proceeded to the National Security Center from the new direction.

A person who drives a motor vehicle has a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear.

Nevertheless, the Defendant neglected this and did not discover the F of the victim F (M, 69 years of age) who illegally crossed the road without permission due to negligence, and received the victim from the front part of the above taxi, and suffered injury to the victim in an unidentified state due to undermining cerebral injury, etc., the number of days of treatment of which is less than two open.

Accordingly, the defendant suffered serious injury to the victim due to a traffic accident caused by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A comprehensive analysis of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes of a written request and reply;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (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. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education, Article 62-2, Article 59 of the Act on the Punishment, etc. of General Traffic Accidents / [the type of traffic accident] - Where there is substantial negligence on the occurrence of traffic accidents even for the victim: - Where there is an aggravated factor: (a) the injury occurs among the increased factors / [the scope of the recommended sentence] / April / 1 year from April / [the scope of the recommended sentence] / General area [the mitigated factor] - Deposit of a reasonable amount, comprehensive motor vehicle insurance [the suspension of execution] - Where a negative injury occurs: The main reason for the occurrence of a serious injury: The affirmative injury is also caused by the victim.