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(영문) 창원지방법원 진주지원 2019.09.26 2019고단521
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

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip private taxi.

On March 29, 2019, the Defendant driven the above taxi on March 15, 2019, and proceeded at a speed that cannot be seen as the front side of the elementary water tunnel, which is located in the studio of Scheon-si.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving service to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected to do so and went on the center line by the negligence of the Defendant, who was driving on the opposite lane by the victim C(the age of 31) who was driving on the opposite lane, was shocked with the front part of the said taxi.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim E (the 32-year-old passenger), such as salt, tensions, etc. in need of treatment for about 3 weeks, suffered injury such as a string, etc. of a chest chilling wall that requires treatment for about 3 weeks, and suffered injury to the victim F (the 71-year-old passenger) who is the victim of the said taxi, including a string at the bottom of the string in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on CDs for a practical survey report, on-site photo, and a black stuff;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general in the course of traffic crimes;

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