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(영문) 부산지방법원 2020.04.20 2020고단766
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

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

On February 12, 2020, the Defendant driven the above taxi on February 19, 2020, and driven the three-lane road in front of the Busan Eastdong-gu Busan Metropolitan City, along three-lanes from the side of the Busan Metropolitan Sports Center to D apartment.

Since there is an intersection where signal lights are installed, there was a duty of care to reduce speed and drive safely according to signals.

Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle driving signal is a stop signal and proceeded as it is, instead, received the part on the left side of the victim F(W, 43 years old) driving G Where he turn to the left from the edge of the Busan Sports Center from the edge of the E Burial to the left in accordance with the new code.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim F, such as catum finites, etc. in need of approximately three weeks of medical treatment, and the victim H (the 12 years old), who is the passenger of the said taxi, and the victim I (the 24 years old), who is the passenger of the said taxi, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Entry of a traffic accident report;

1. Statement of traffic accident statement prepared by the F;

1. Descriptions of each written diagnosis;

1. Indicating an investigation report (the analysis of cream records) and applying video-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order.

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