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(영문) 부산지방법원 2019.01.17 2018고단5016
교통사고처리특례법위반(치상)
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 engaged in rocketing taxi driving service.

On August 5, 2018, around 04:30, the Defendant driven the said vehicle at a speed of 70 km/h (Operational off analysis) at an intersection of the 1184-lane shift railing road, along the center of the Busan East-gu, and led the Defendant to drive the said vehicle directly along the road with signal apparatus from the intersection to the intersection on the side of the alternate intersection.

In such a case, although the driver of a vehicle has a duty of care to safely drive according to the signal or instruction indicating traffic safety facilities, the defendant was negligent in driving the vehicle while neglecting it, and at this time, the victim C (the age of 63) driven on the right side of the traffic signal, driving the vehicle toward the alternate intersection of the normal head of the traffic signal at the right side of the vehicle, and was driven by the victim C(the age of 63).

In this accident, the Defendant suffered from the victim C with light fry, fry, and fry in need of medical treatment for about three weeks, and suffered from the victim E (the 33 years old), who is the passenger of the victimized taxi, with no open two resistant measures requiring medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the traffic accident actual condition survey report and investigation report (for the vehicle speed portion);

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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Application of the sentencing criteria [Scope of Recommendation] General traffic accident: Type 1 (Bodily Injury resulting from Traffic Accidents) (No person in special form) shall be the basic area (four to one year);

2. The fact that the defendant who made the decision of sentence leads to the confession of the crime and repents his mistake; and

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