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(영문) 창원지방법원 2019.02.15 2018고단3047
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 02:20 on April 24, 2018, the Defendant, who is engaged in driving B rocketing taxi, was driving the said taxi on April 24, 2018, and led to approximately 117 km at a speed of 159 km in the direction of the Southern Sea Highway at the time of Kim Jong-si.

At the time, there was a string to the extent that the view is not secured due to the new wall time, and there was a highway with a speed of 80 km speed at that time. In such a case, there was a duty of care to ensure a person engaged in driving service safely by complying with the speed limit and accurately operating the steering and operating the steering system.

Nevertheless, the Defendant neglected this and caused the rainwater to be cut off at a speed exceeding 37 km a speed of 117km a speed exceeding 37 km per hour, and received the central separation zone from the front of the said taxi.

Ultimately, the Defendant suffered injury to the victim C (the age of 35) who was on board the taxi due to the above occupational negligence, such as light oil and other losses that require approximately 14 weeks medical treatment, and detailed uncertainty.

Summary of Evidence

1. Defendant's legal statement;

1. C’s petition;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of reply statutes to requests for meteorological phenomena;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) is divided and reflected in the Defendant’s mistake in depth, and the victim and the result of the instant crime, together with various conditions of sentencing as shown in the records and arguments, including the circumstances after the crime, age, character and behavior, character and conduct, intelligence and environment, criminal record and insurance relationship, and the sentencing criteria of the Sentencing Committee were determined by the Supreme Court.

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