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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1701

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 operation of B rocketing taxi.

On June 22, 2018, the Defendant driven the said vehicle at a speed of about 98 km between the 3-lanes from the string distance to the string of the door at the speed of 198km between the 23:40 square meters in Busan and the 2-lanes from the 3-lanes.

Since its location is 60km/h, and the signal, etc. is an intersection, a person engaged in driving service has a duty of care to observe the speed limit and reduce the speed prior to entry into the intersection and drive safely in accordance with the signals.

Nevertheless, the Defendant violated the front stop signal and proceeded with the intersection more than 38 km speed by negligence in excess of the speed limit of 38 km, and the victim C ( South, 22 years old) who was straighted from the right side of the course to the left side of the road in the direction of the collision with the front part of the above vehicle.

As a result, the Defendant suffered injury to the above victims C by occupational negligence, such as an injury to blood under the part of the trauma for about eight weeks, and injury to the victim D who is a taxi passenger (the 30-year old-age-old-age-old-age-age-age-age-age-age-age-age-age-age-age-of-the-counter-age-age-age-of-way treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the speed of vehicles driving a suspect shall be made to a traffic accident report, accident scene, vehicle photographs, photographic images of black stuffs, diagnostic documents, each diagnostic document, and internal report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Code of the community service order is that the defendant's negligence and the victim C's damage are serious.

However, the victim C only agreed with the victim, and the victim D does not want to punish the defendant.