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(영문) 춘천지방법원 원주지원 2013.12.24 2013고단711
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

At around 19:30 on October 14, 2013, the Defendant driven the above taxi and proceeded at a speed of about 60 km from the length distance from the vertein va to the speed of about 60 km in front of the east-si east-si.

Since the place is a private-distance intersection where traffic is controlled by signal apparatus, a driver of a motor vehicle has a duty of care to prevent accidents by checking well the right and the right of the front side in accordance with the new code.

Nevertheless, the Defendant neglected this and failed to keep the victim from being driven by the victim C (the age of 19) who was moving from the center elementary school to the door in accordance with green signals due to the negligence of proceeding in violation of the signal even though it was red signal, and caused the victim to go beyond the floor by receiving the part of the victim's ozone part on the front part of the taxi of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as a fluoral fluor, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident occurrence report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Criteria for a type of punishment and a sentence [Determination of a type of punishment] among traffic crime groups, general traffic accident Type 1 (Bodily Injury resulting from Traffic Accidents): No aggravated element: None of the relevant factors (the scope of recommending punishment] basic area: April to October;

2. The criteria for the suspension of execution [main reasons for the suspension of execution] positive: There is no negative reason for criminal punishment (general reason for the suspension of execution]. There is no serious reflect, there is no criminal record of the suspension of execution of execution, and there is no negative effect on the purchase of comprehensive motor vehicle insurance (Deduction): 3.

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