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(영문) 수원지방법원 안산지원 2020.02.13 2019고단3977
교통사고처리특례법위반(치상)
Text

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

However, 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 a hybrid taxi.

On June 7, 2019, the Defendant driven the above vehicle at a speed of 09:15, and led to the rapid speed of the two-lanes of the two-lane road from the water king Tolol-36 to the water breath of the 3rd of the Silung-ro at Silung-si, a gold-ro of 594-36.

In order to change course to a person engaged in driving of a motor vehicle, he/she had a duty of care to prevent accidents by accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected this and obtained the front part of the Defendant’s vehicle of the C-A-Wurged in front of the left part of the Defendant’s vehicle in the same direction as the alteration of course on a one-lane side. The Defendant continued to move back the Defendant’s vehicle to the left part and going beyond the safety zone and continued to go beyond the same direction, and received the front part of the Defendant’s vehicle of the D-Wz vehicle in front of the same direction as the Defendant’s vehicle in front of the two-lane in the same direction.

Ultimately, the Defendant suffered, by negligence on duty, from the victim E (V, 62 years old) who was on board the said benz vehicle, about 18 weeks of medical treatment, injury to kidne, etc. without any open room, thereby causing danger to life.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, G, H, and E;

1. A photograph by reporting the occurrence of a traffic accident, vehicles, photographs, etc., and by cutting down each black image picture;

1. Application of Acts and subordinate statutes to medical certificates and medical opinions;

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

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

1. The reason for sentencing Article 62-2 of the Criminal Act is that the victim suffered serious injury due to a traffic accident caused by the defendant's occupational negligence, and that there is no agreement with the victim, etc. is disadvantageous to the defendant.

(b).

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