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(영문) 부산지방법원 서부지원 2017.06.14 2017고단334
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi.

On March 29, 2017, around 19:00, the Defendant entered the intersection where four lanes in front of the Heung apartment located in the Gangseo-gu Busan Metropolitan City, Gangseo-gu, are proceeding from Lelan apartment toward the name city.

Since there is a place where a signal, etc. is installed, there was a duty of care to safely pass through in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, due to the negligence of the Defendant’s failure to stop the vehicle, the Defendant took part of the front part of the Defendant’s vehicle in front of the front part of the driver’s vehicle, which was driven by the Victim E (S) who was driving from the right side to the left side of the Defendant’s running in accordance with the signals to the port of the Defendant’s running.

The Defendant, by such occupational negligence, sustained injury to the victim, such as salt pans, tensions, etc., requiring approximately two weeks of treatment, injury to the victim G (75 years of age) who was on the si in the Defendant’s sib, and injury to the blood ties, etc., which requires approximately four weeks of treatment, to the victim H (76 years of age), and injury to the clibage, tensions, etc., requiring approximately three weeks of treatment, and injury to the victim I (the 69 years of age), to the victim I (the 69 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Scenic photographs of the site, vehicles, and black boxes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] - Type 2 (Bodily Injury resulting from Traffic Accidents) in the area of mitigation (~8 months) - Persons who are specially mitigated: The amount of punishment not to be imposed (the sentence).

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