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(영문) 수원지방법원 2017.10.17 2017고단1892
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 00:40 on February 9, 2017, the Defendant: (a) operated the said vehicle and caused the victim D to suffer injury, such as a string of the string of the taxi for 5 business purpose in the 20th century, which was directly engaged in the operation of the said string taxi; (b) caused the victim D (the 61th age), who was directly engaged in the operation of the said string taxi, to turn to the left, in violation of the signal at the hring of the Suwon-gu, Suwon-gu, Suwon-si, and caused the victim F (the 30 years age), who is the passenger of the said 5th taxi, to suffer injury to the victim, such as the victim’s string of the said string taxi, requiring approximately 2 weeks of treatment; and (c) caused the victim’s injury to the passenger of the said string taxi, including the victim’s 2nd in the string of the string of the 2nd century.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting of a traffic accident (1) (2);

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances favorable to the defendant for sentencing under Article 62(1) of the Criminal Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The taxi operated by the defendant is affiliated with the National Federation of Taxi Transport Business Associations.

The defendant agreed with all victims.

When the defendant was sentenced to a fine of KRW 1.5 million due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2015, there is no criminal record for the last ten years.

The defendant seems to have suffered considerable injury due to the accident of this case.

It seems that the defendant is elderly and economically difficult.

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