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(영문) 부산지방법원 서부지원 2019.04.30 2018고단2348
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 October 11, 2018, the Defendant was making a stop and start to get the victim E and the passing of the vehicle as passengers on the first road in front of the D Pharmacy in Busan-gu, Busan-do, while driving the B rocketing taxi around 01:40.

In such cases, a person engaged in the business of driving a motor vehicle has the duty of care to prevent passengers from falling off the taxi by checking whether the passenger's getting on or getting off or getting off and starting safely.

Nevertheless, the Defendant neglected this and went on the top of the steering line of the victim, and caused the victim to suffer bodily injury, such as the mouth of the down-to-date abandonment, which requires about 10 weeks of treatment, by leaving the back-to-date door of the taxi as it was open even if the victim was in the presence of the back-side seat of the taxi, and caused the victim to fall on the road due to the negligence that began in the open state of the back-side door of the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, a statement on the occurrence of a traffic accident, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, 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;

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

2. Extent of recommendation [decision of type] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accident (including serious efforts to recover damage): Reduction element of punishment: In cases of serious injury (including serious efforts to recover damage): Basic area of recommendation and recommendation], and in cases of imprisonment without prison labor for April to one year;

3. Determination of sentence: Four months of imprisonment without prison labor, one year of suspended execution, and forty hours of an order to attend the course of the instant crime, the Defendant has a profoundly reflected in the mistake while committing the instant crime, and has agreed with the victim.

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