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(영문) 창원지방법원 2016.09.27 2016고단2211
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of K5 si.

On June 15, 2016, the Defendant driven the above taxi at around 02:06, and got the front intersection in C at the window of Changwon-si, Changwon-si, along the two-lanes from the side of the sale Dong office to the direction of the E Hospital.

Since the intersection is in operation of the red on-and-off signal, there was a duty of care to temporarily stop before entering the intersection and check whether there was a vehicle passing through the intersection in the driver of the motor vehicle.

Nevertheless, the defendant neglected to temporarily stop and did not temporarily stop the defendant's driving on the right side of the defendant's proceeding to the left side of the victim F(F, 57 years old) who was in the above cross-road from the defendant's proceeding to the left side, and received the left side part of the G bargaining car.

Ultimately, the Defendant suffered, by the aforementioned occupational negligence, the injury of the victim H(S) who is the passenger of the said taxi, on the part of the mouth that requires approximately 2 weeks of treatment, such as a multiple franchisium, and the injury of the franchisium which requires approximately 4 weeks of treatment to the victim F, and the injury of the victim I (V, 64 years of age) of the franchisium that requires approximately 8 weeks of treatment to the victim I (V, f4 years of age), such as the franchisium closure of the franchisium, and the injury of the victim J (V, 56 years of age) for approximately 11 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and I;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [the scope of recommending punishment] General Traffic Accidents No. 1 (Bodily Injury resulting from Traffic Accidents) - Other crimes in a commercial concurrent relationship, which are limited to reference materials.

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