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(영문) 수원지방법원 2020.12.10 2020고단4491

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On August 9, 2019, the Defendant driven the above taxi on August 02:10, 2019, and driven the three-lane road near the 146 Seocho-gu, Suwon-si, Seogwon-si, in order to drive approximately 115 km in speed from the direction of the water station in the direction of the water station in the direction of the river station.

At the time, night and its place is 60 km speed, so in such cases, there was a duty of care to prevent accidents in advance by complying with the restricted speed to those engaged in driving business, and by safely operating the steering and brakes properly.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 55 km per hour, and found the electric kickboard, which was driven by the victim C (Nam, 34 years old) crossing the road on the right side from the left side of the direction of the course, and operated the kickboard, but did not avoid it, and the right side of the said kickboard was shocked by the front part of the driver's seat of the said kick.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as external shocks, cerebrovasculars, etc. which require treatment of about 18 weeks, and the injury to the victim D (the age of 37) who was accompanied by the lower seat of the said taxi for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement, report on traffic accidents (actual survey report) and analysis results of traffic accident EDR, - Traffic accident EDR analysis;

1. Application of each medical certificate (whether to cause serious injury) to statutes;

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

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows.