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(영문) 수원지방법원 평택지원 2021.03.19 2020고단1839
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 engaged in the duty of driving a taxi vehicle B K5 taxi.

On January 3, 2020, the Defendant driven the above taxi on January 3, 2020, and driven the two-lanes of the D in front of the D in Ansan at the time of Ansan, with one-lane, from the inside and outside of the flat bank, straighted at the speed of 86km per hour at the speed of 86km.

There is a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and brake system accurately, because the speed limit is 50 km per hour.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 36 km per hour while crossing the road from the left side to the right side of the front side of the instant taxi.

Ultimately, the Defendant suffered injury, such as disability, paralysis, and degradation of consciousness, etc., by occupational negligence, the victim suffered serious injury due to the blood transfusion from an unexplosion, cerebral hemosis, internal blood transfusion, and ductal surgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. An accident scene photograph, or an accident vehicle photograph;

1. A traffic accident DNA analysis;

1. Each medical certificate and each medical statement (whether serious injury is inflicted);

1. Application of Acts and subordinate statutes to a report on internal investigation (to attach a black image data), a report on internal investigation (CCTV image data), and a report on investigation (the confirmation of injury to a victim);

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing criteria [the types of traffic accidents]. General traffic accidents.

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