(영문) 부산지방법원 2016.01.19 2015고단5813

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(영문) 부산지방법원 2016.01.19 2015고단5813

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing taxi.

On July 18, 2015, around 21:37, the Defendant changed the course to one-lane of the two-lanes in the direction of the intersection from the West-gu Busan East-gu to the one-lane of the two-lanes in the direction of the intersection.

In such a case, a driver is driving one lane, even though he had a duty of care to change the direction before, after, after, and after, changing his course, he was well in the direction before and after the change, and has a duty of care to change his course safely. In order for customers to get a taxi in the vicinity of the crosswalk, the driver changed the course of the defendant's vehicle into two lanes by the negligence of the victim D (19 years old) who driven the vehicle of the defendant on the two-lane, and the part of the victim D(19 years old) who driven the vehicle on the two-lane, caused the damage to the right side of the defendant's driving.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as double dubing dubs and dubing dubs, the right-hand labs, etc. caused by brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of D;

1. Medical certificates, reports on investigation, and replies to serious injuries;

1. Application of Acts and subordinate statutes to the actual survey report;

1. The grounds for sentencing under Article 3(1) of the relevant Act on Criminal Facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act [the scope of the recommended punishment] In the case of bodily injury in the aggravated area (8 months to one year and six months) [the special aggravated person] [the (1) type] [the decision of sentencing] in the case of bodily injury in the aggravated area (the special aggravated person] [the decision of sentencing] in the circumstances favorable to the defendant's serious injury and the fact that he/she joined the taxi mutual aid association in favor of him/her, the degree of injury to the victim is very serious and the fact that he/she has not agreed with the victim is not subject to statutory restraint, but it is not subject to any agreement

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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