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(영문) 대전지방법원 논산지원 2013.10.01 2013고단350
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

Around 00:05 on May 10, 2013, the Defendant: (a) driven a Drocketing taxi, and (b) moved back the shooting distance in front of the Home Puger located in the Geumnam-dong in the Geumnam-si in the mountain area of the mountain, the Defendant did not properly verify whether or not there is a person who walked the road even though the crosswalk was installed at the intersection in the mountain, and did so, due to the occupational negligence proceeding without checking whether or not there is a person who walked the road. (b) The Defendant shocked the victim E (ma, 46 years old), F (ma, 48 years old) who walked the crosswalk to the left side from the right side of the taxi driving by the Defendant.

As a result, the Defendant suffered injury to the victim E, such as knee-free side kne-free side kne-free side kne-free side kne-free side kne-free side kne-free side kne-free side f, etc., for about four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry of E and F;

1. Each description of the actual condition survey report, on-site photographs, and each injury diagnosis report, or the application of video-related Acts and subordinate statutes;

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

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

1. Selection of alternative imprisonment without prison labor;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years from the date of imprisonment without prison labor (or two or more years from the date of qualification competition and choice of imprisonment without prison labor);

2. Sentencing criteria:

(a) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): Reduction Area: From Above to June Special Mitigation Area: No penalty surcharge is imposed / No special aggravation factor:

B. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F [Determination of Punishment] Traffic Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): Basic area: There is no special mitigation factor between April and October: No special aggravation factor. / There is no special aggravation factor. 3.

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