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(영문) 부산지방법원 2019.07.04 2019고단1497
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

Defendant

B A rocketing taxi driver is a person engaged in driving service.

On March 31, 2019, the Defendant driven the above taxi at around 02:30 on March 31, 2019, and led to C from the CJo-distance to the 654 U.S. intersection.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim D(57 years old) driving on the left side of the direction of the Defendant’s running with the right side of the Defendant’s driving, and received the part adjacent to the Defendant’s driving on the front side of the instant taxi.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks, and injury to the victim F F (24 years of age), who is the passenger of the said B-si, suffered from the victim G (the 20 years of age), such as dynasium, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report, a motor vehicle black picture and a photo of a locker for a harming motor vehicle;

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

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 facts constituting an offense;

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 on orders to provide community service and attend lectures;

1. Application of the sentencing criteria [the range of recommendations] general traffic accident category I (the injury caused by traffic accident) is the basic area (4-1 year).

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