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(영문) 수원지방법원 성남지원 2019.09.18 2019고단1725
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2019, around 02:10, the Defendant driving a rocketing taxi in front of the camping distance in the front of the Yanam-si, Sungnam-si, and changed the course to the left left-hand turn in the U.S. section while driving at the front of the camping distance from the front of the Yanam-si, the Defendant changed the course from the front line to the front left-hand turn.

At all times, the traffic signals are installed so that the left-hand turn-to-hand turn-turns can be made, and thus the person engaged in driving service has a duty of care to safely drive the accident according to the signal or instruction indicated by the traffic safety sign and prevent the accident.

Nevertheless, the Defendant neglected this and caused the Defendant to go over on the road by the victim C(30 years of age) of the two wheeled 125CC driving in the front of the said rocketing taxi, which was driven by the victim C (30 years of age) who was under direct control of the Madern basin according to the Madge No. 144.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the left-hand spelke, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. The crime of this case by which the defendant violated the signal shall cause the traffic accident that the defendant is suffering from the damage.

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