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(영문) 창원지방법원 2016.08.25 2016고단1898
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of B rocketing taxi.

On November 14, 2015, the Defendant driven the above taxi on November 14, 2015, and proceeded with the front crosswalk C located in the window of Changwon-si, Changwon-si as the sloping distance from the wall apartment room to the sloping.

Since a crosswalk is installed at each other, there was a duty of care to reduce the speed of persons engaged in driving a motor vehicle and to safely drive the front door door and the crosswalk in order to prevent accidents in advance by safely driving it.

Nevertheless, the Defendant neglected this and got the top side of the victim E (the age of 53) who was a victim E (the age of 53) to go beyond the floor by taking the top side of the victim E (the age of 53) into front of the said taxi.

Ultimately, the Defendant suffered injury to the victim, such as a felball, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General traffic accident [No person subject to special sentencing] / [Determination of sentence] 6 months of imprisonment without prison labor, 2 years of suspended sentence (the background of accidents, degree of injury, reflects nature of injury, the fact that the person is subscribed to the mutual aid association corresponding to the comprehensive motor vehicle insurance, and deposit five million won for the victim, etc.]

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