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(영문) 수원지방법원 성남지원 2018.02.08 2017고단3325
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of B-si.

On September 15, 2017, the Defendant driven the above taxi on September 10:17, 2017, and led to the direction of the Korea District Heating Corporation in front of the high school located in the area of the branch of the Dong-gu, Sung-nam-si.

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 service has a road to reduce speed and to see well the right and the right and the right and the right of the road, and to safely drive it.

Nevertheless, the defendant neglected this and proceeded to the right side of the victim C (64) who opened the crosswalk from the right side of the defendant's proceeding to the left side, and caused the victim to go beyond the floor by collision with the front side and front glass of the above vehicle.

Ultimately, the Defendant suffered injury, such as cutting down the frame at the bottom of the left-hand aggregate in need of approximately eight weeks’ medical treatment, and cutting down the foundation of the left-hand aggregate on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the actual condition of a traffic accident, a report on internal investigation, and a report on an investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the site and accident vehicle photographs, and vehicles and photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Code of the Social Service Order is heavier in light of the fact that the victim's injury was serious due to the traffic accident in this case.

However, the sentencing conditions shall be determined as ordered in consideration of all sentencing conditions, such as the fact that the defendant is against the defendant, the fact that only the victim has agreed with the victim, and the fact that the cab is affiliated with the taxi mutual aid association.

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