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(영문) 의정부지방법원 고양지원 2017.11.28 2017고단2312
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 driving of CK5 taxi.

On June 5, 2017, the Defendant driven the above taxi at around 00:50, the Defendant proceeded two lanes from the roads of the 3-lane 111 Haak-gu, Seoyang-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, to the speed of about 72 km from the direction of the elementary school to the 3-lane 13-lane Haak-si.

At the time, night and there was an intersection where a red flickering light was installed, so there was a duty of care to prevent accidents in advance by temporarily stopping a person engaged in driving of a motor vehicle and taking care of traffic of another motor vehicle.

Nevertheless, the Defendant neglected to temporarily stop and did not stop as it is, due to the negligence of the Defendant, faced with the right part of the E-Sasi driven by the victim D ( South, 60 years old) in front of the said K5-si.

Ultimately, the Defendant suffered injury, respectively, to the victim D due to the above occupational negligence, on the part of the part that requires approximately three weeks of treatment, and to the victim F who was on board the above K5 taxi operated by the Defendant, about 20 weeks of treatment, on the part of the victim F ( South Korea, 38 years of age) who was on board the said K5 taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The victim F, who is a taxi passenger by mistake of the defendant, needs at least 20 weeks of treatment due to his or her unknown consciousness, and suffered serious injury to the extent that it is difficult to expect recovery even after the treatment is completed, and the victim D, who is the driver of the damaged vehicle.

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