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(영문) 수원지방법원 2015.04.30 2015고단418

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car A4.

On January 16, 2015, the Defendant was driving the car above A4 as a job on the A4th day of January 16, 2015, and led to the flow of the sphere of the declaration of authority, which is inciting the right in the sphere of Suwon-si.

Since the location is equipped with signal apparatus, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and took the front part of the C rocketing taxi which was normally left at the opposite lane in line with the new line due to the negligence of the Defendant’s failure to go straight, and received the front part of the A4 car.

Ultimately, the Defendant inflicted an injury upon the victim D (the 66-year-old driver) who is a rocketing taxi driver due to the foregoing occupational negligence in order to take approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accident (Death resulting from Traffic Accidents) [Special Mitigation] [Article 62-2 of the Criminal Act] The sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the circumstances presented as the above special mitigations such as the mitigation area (including a serious effort to recover from damage), the punishment not (including a decision of sentence] [Article 62-2 of the Criminal Act] and the circumstances presented as the above special mitigations, the defendant reflects himself, the fact that the defendant subscribed to the comprehensive motor vehicle insurance, the fact that there is no other punishment power other