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(영문) 수원지방법원 안산지원 2019.10.23 2019고단3056
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 driving of K5 taxi vehicles.

On May 30, 2019, the Defendant driven the above vehicle at a speed of 18:00, while driving the vehicle, at a speed of 3:40 km at a speed of about the speed of 40 km at the air from the air of the Si of the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si.

In such a case, despite the duty of care to prevent accidents by making a person engaged in driving service, according to the signals as the signal apparatus is well reported to the intersection signal and to prevent accidents by smoke, the defendant neglected to do so, and neglected to do so, and led to the fault of the victim D (18 years of age, south) driving in the direction of the course to the left side of the vehicle of the defendant's front part of the victim D (18 years of age, south) driving in the direction of the course to the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the body frame, closure, left-hand side, etc. in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Signal frequency table;

1. On-site photographs and accident site photographs;

1. Application of Acts and subordinate statutes on internal investigation reports (Bable videos and CCTV images for crime prevention);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. In light of the circumstances where an accident occurred due to the violation of the reason and signal signal for sentencing in Article 62-2 of the Criminal Act, the victim was subscribed to mutual aid and the victim was paid 15 million won to the victim and agreed that the victim does not want to be punished, there was no record of punishment for the same kind of crime, the victim was taken promptly after the accident, and the victim took measures promptly after the accident and reflects the error in depth.

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