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(영문) 부산지방법원 2017.12.13 2017고단4589
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On July 23, 2017, the Defendant driven the above taxi on July 23, 2017, and occupied two passengers on the front side of the E-road located in Busan East-gu, Busan, and was making a U.S. internship in the direction of the e-mail.

Since there are no yellow-ray center line and pedestrian signal at the front door, the driver of a motor vehicle has a duty of care to check whether there is a person who gets involved in the driver's duty of driving the motor vehicle, to observe the motor vehicle line, to reduce speed and to check the right and the right and the right of the motor vehicle well, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and did not look at the center line, and did not enter the crosswalks, and caused the Victim G(S, 64 years old)’s scambling off to E from the near of the F hotel due to the negligence of entering the crosswalks.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure frame of the main body in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The G traffic accident statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The facts constituting an offense, Article 3(1) and (2) proviso of Article 3(2)2 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor / [the scope of the recommended punishment] general traffic accident, where the illegality in the aggravated area (from August to two years) (excluding special aggravated persons) of Article 3(2) proviso (excluding subparagraph 8) of the special Act / [the decision of sentence] is serious, or in the case of bad driving (excluding special aggravated persons] of Article 3(2) proviso (8) of the special Act, the fact that there is no record of punishment exceeding a fine, the fact that there is no comprehensive insurance coverage of a private taxi mutual-aid association, the degree of injury suffered by the victim, the fact that the victim deposited three million won for the victim but not agreed.

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