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(영문) 춘천지방법원 강릉지원 2017.12.14 2017고단1171
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 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 the work of operating a rocketing individual taxi.

On September 12, 2017, the Defendant driven the above taxi on September 20, 2017, and operated the E-pent road located in Gangseo-si D in the right direction from the sloping beach to the right direction.

At that time, there is a center line of yellow-ray, so a person engaged in driving service has a duty of care to enter the left at the point where entry to the left is permitted.

Nevertheless, the Defendant neglected this and caused the injury to the victim F (26) of the G-F (26) driving of the victim F (26) who was driving in the opposite line due to the negligence of the left-hand turn at the center line, to the victim F (F) by taking advantage of the front part of the vehicle gate of the victim F (26) with the front part of the vehicle gate of the defendant F (F), such as open top gate of the part where it is necessary to provide four weeks medical treatment, and the injury to the victim H (37) boarding the defendant F (65) of the victim F (F) of the victim F (F) who was driving in the opposite line, as well as the injury to the victim I (F) who was in the rear seat of the defendant, including the first ring part of the vehicle gate back of the victim F, the victim K (58 years years old, and the victim I (65 years old), who was in need of two-day medical treatment, to the victim I (F) who was in need of eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal death (victim H's statement, etc.);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The negligence committed by the central line and the left left is more severe; the circumstances favorable to the fact that the victim suffered serious injury is divided by the defendant; H, J and K among the victims; and H, K among the victims.

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