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(영문) 창원지방법원 통영지원 2015.04.09 2015고단154
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a taxi vehicle B K5 taxi.

On January 20, 2015, the Defendant driven the above car at around 00:40 and proceeded along the three-lanes in front of the treatment steering line in the Ariju-si at the Sriju-si, along the two-lanes from the right edge to the ASEAN.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a way to drive the motor vehicle by reducing speed and by properly examining the right and the right and the right of the motor vehicle, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the road by his negligence and received the part of the victim C(32 years old) on the left side of the crosswalk from the right side of the road.

Ultimately, the Defendant suffered injury to the victim, such as flaverization and fladation on the left-hand side in need of medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General traffic accidents in consideration of the following factors: Type 1 (1) (1 to 6 months) (including special mitigation), the area of mitigation of traffic accidents (including efforts to recover from traffic accidents), the area of punishment not (including serious efforts to recover damage), the decision of a sentence] (the decision of a sentence] that the victim does not want the punishment of the defendant, and the fact that the victim has no special criminal record other than the fine imposed once every 30 years

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