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(영문) 광주지방법원 2018.03.29 2017고단5851

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On October 31, 2017, at around 09:55, the Defendant, while driving a B cab on October 31, 2017, proceeded in the direction of “D cafeteria” in the front of “D cafeteria,” from the seat of the bus terminal in Yeongdeungpo-si bus in Yeongdeungpo-gu, the Defendant stopped in order to get off the victim E (83 years and inn) who is the passenger. In such a case, the Defendant neglected to take necessary measures so that the passenger could not be deprived of the passengers, while neglecting the duty of care to take necessary measures so that the victim could not get off and off the cab, thereby getting out of the road the victim sustained injury, such as cutting off the frame of a copy on the right side outside the right side where treatment for about 8 weeks is required.

Summary of Evidence

1. Statement by the defendant in court;

1. The evidence and photographs of each traffic accident;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (to visit and investigate victims E);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 10, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter referred to as "the Act on Special Cases Concerning the Settlement of Traffic Accidents ] - Types 1 of the Act on General Traffic Accidents (the person who is in charge of special sentencing ] - [including serious efforts to recover damage] / [the scope of the recommended sentence] / [the scope of the recommended sentence] 1 to 8 months / there is no criminal history of causing any serious injury which is not an injury among the aggravated factors - Cases falling under the proviso of Article 3(2) 10 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the decision of sentence ] Where there is any serious injury which is not an injury among the aggravated factors (the decision of sentence ] The above sentencing