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(영문) 부산지방법원 2016.04.07 2016고단305
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2.Provided, That the execution of the above sentence 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 drives a small-scale taxi in C.

On January 1, 2016, the Defendant driven the above taxi at around 18:23, the Defendant suffered injury, such as the 2, 3, and 4 middle ridges, etc. of the victim D (n, 20 years old) who was crossing the crosswalk from the right side of the pedestrian head in accordance with the pedestrian signals, when due to the negligence in the course of duty, who violated the signal at the speed of about 20 km away from the west west Don-ro to the west 126-lane of the Songdon-ro, Seo-gu, Seo-gu, Busan, by driving the above taxi at around 18:23, and driving it with the front right side of the above taxi that the Defendant driven at approximately 6 weeks of closed 2, 3, and 4.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

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

3. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] In the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents (from August to January to June) is serious (the special aggravated person] of the aggravated area (the sentencing decision] of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents (the defendant's attack against the victim of the crosswalk in violation of the signal, etc., and the nature of the crime is not less easy, and the agreement with the victim was not reached.

However, the sentencing conditions such as the circumstances and contents of this case, circumstances after the crime, character and conduct of the defendant, etc. are considered, such as the fact that the defendant has old age, and 2 million won has been deposited for the victim, etc., and the punishment is determined like the order.

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